Terms of Sale and Service

1. Order Requests and Approval

1.1 Submission Does Not Constitute Acceptance
All delivery and pickup requests submitted via website, email, phone, or any other channel are considered customer requests only. Submission does not form a binding agreement. A confirmed agreement exists only once the Company reviews and approves the request.

1.2 Company Right to Approve
The Company may approve or decline any order at its sole discretion, based on:

Operational feasibility
Availability of flowers, vases, and other materials
Mutual agreement with the customer

Requests are not automatically accepted.

1.3 Reasons Approval is Required
Due to seasonal variations, supply limitations, international shipping delays, and weather conditions, exact availability of flowers, vases, or materials cannot be guaranteed.

Website images and previous work illustrate design style and aesthetic only; they do not guarantee exact availability or appearance.

1.4 Lead Time Requirements
Advance notice may be required depending on the order type:

Weddings and events: 2–4 weeks
Large orchid arrangements: 7–14 days
Bulk stems or bunches: 7–14 days
Custom colors or rare seasonal flowers: approval required; availability is market-dependent

Orders submitted without sufficient lead time may be delayed, substituted, modified, or declined.

1.5 Substitutions
Substitutions may occur due to seasonality, supply limitations, weather, or market conditions. Substituted items will aim to maintain:

Comparable or higher quality
Similar color palette
Overall design style and aesthetic

Customers may decline substitutions in writing if feasible. Substituted items are not eligible for refunds, exchanges, or compensation, except where substitutions fail to meet agreed-upon specifications.

1.6 Customer Response Requirement
Some orders require customer confirmation. Failure to respond promptly may result in delays, modifications, or cancellations. The Company is not responsible for issues caused by lack of response.

1.7 Impossibility of Exact Replication
Natural variations in flowers prevent guaranteed exact replication of color, size, or shape. Website images are illustrative only.

1.8 Peak Holiday and Seasonal Conditions
During Valentine’s Day, Mother’s Day, graduation, Christmas, and other peak periods:

Customization may be limited
Delivery timing may be approximate
Substitutions may occur without notice
Order caps or early cutoffs may apply
Some items may be unavailable

Customers are encouraged to place orders well in advance.

1.9 Company Right to Limit or Decline Orders
Orders that are unsafe, illegal, unreasonable, or operationally impossible may be declined. Approval is at the Company’s discretion, considering feasibility and mutual agreement.

2. Order Acceptance and Delivery Schedule

2.1 General Acceptance
All deliveries are subject to approval by the Company.

2.2 Same-Day Orders
Cutoff for same-day delivery is 11:00 AM (Toronto time). Orders placed after the cutoff require explicit staff approval; otherwise, they will be scheduled for the next business day.

2.3 Closures
The Company is closed on Sundays and statutory holidays, except for pre-approved special events (e.g., Valentine’s Day or Mother’s Day). Orders placed on closed days will be fulfilled on the next available business day.

3. Delivery Windows

3.1 Estimated Delivery Windows

Residential: 12:00 PM – 7:00 PM
Business: 12:00 PM – 5:00 PM

Delivery windows are estimates only and not guaranteed.

3.2 Guaranteed Delivery Windows
Guaranteed delivery windows (e.g., ±30–60 minutes) are provided only for significant events or special arrangements with explicit staff approval. Guaranteed windows remain subject to:

Force Majeure events
Accidents or extreme weather
Third-party delivery delays

3.3 Third-Party Delivery Considerations
Deliveries are primarily fulfilled by independent third-party delivery partners. The Company:

Relies on delivery photos, digital records, or other documentation provided by the partner as proof of delivery.
Does not take independent delivery photos for routine third-party deliveries.

For small or routine orders delivered by third-party partners, the customer acknowledges that evidence of delivery is limited to records provided by the delivery partner.

3.4 In-House / Direct Deliveries
For large orders, events, or special deliveries fulfilled directly by the Company:

Delivery is confirmed through the Company’s internal records.
Customers requesting photographic proof must notify the Company in advance; additional fees may apply.
Unless specifically requested, photographic proof is not routinely provided.

4. Weather and Unforeseen Circumstances (Force Majeure)

4.1 Delay or Suspension
Deliveries may be delayed, rescheduled, or suspended due to events beyond the Company’s reasonable control, including but not limited to:

Extreme weather, natural disasters, road closures, or unsafe conditions
Pandemics, government actions, or other Force Majeure events

4.2 Liability Limitation
The Company is not liable for delays, failures, or inability to deliver caused by Force Majeure events or third-party policies. No refunds, replacements, or compensation will be provided under these circumstances.

5. Customer Responsibility for Delivery Information

Customers must provide complete and accurate delivery information, including:

Recipient’s full name, address (including postal code), and unit number (if applicable)
Direct phone number
Access codes, buzz codes, building entry instructions
Any special delivery instructions

The Company is not responsible for failed deliveries due to incomplete, inaccurate, or unconfirmed information.

6. Card Message Policy

6.1 Customer Responsibility
Customers are fully responsible for the exact content of card messages. The Company does not correct spelling, grammar, or tone.

6.2 Lost, Damaged, or Altered Messages
Card messages may be handled by third-party delivery partners. If messages are lost, damaged, or altered due to operational handling, weather, or third-party delivery:

A complimentary e-card may be provided at the Company’s discretion
No refunds, replacements, or compensation will be issued

6.3 Limitation of Liability
The Company is not responsible for any consequences arising from incorrect, missing, or altered messages caused by factors outside its direct control.

7. Special Delivery Locations

7.1 Hotels

Deliveries are made to concierge/reception unless prior approval for room delivery is obtained.
Customers must provide full recipient info, room number, and direct contact.
Hotel staff policies cannot be overridden; any refusals or delays are the customer’s responsibility.

7.2 Apartments & Condos

Deliveries require recipient presence or valid access codes.
Customers must provide recipient name, unit number, direct phone, and access instructions.
If access fails, items may be returned or re-delivered at the customer’s expense.
Condo deliveries with concierge: items placed with concierge only.
Condo deliveries without concierge: detailed delivery instructions, including time range and access info, must be provided.

7.3 Houses

Items may be left at the door only if weather and safety allow.
Indoor drop-off instructions must be provided in advance.
During subzero temperatures, items cannot be left outdoors.

7.4 Funeral Homes & Hospitals

Full details required: facility name, recipient/deceased name, room/service info, contact numbers, and restrictions.
Hospital and funeral home policies cannot be overridden.
Any delays, returns, or re-delivery fees caused by facility policies are the customer’s responsibility.

8. Delivery Completion & Proof

8.1 Completion of Delivery
Delivery is considered complete when:

The recipient personally receives the item, or
A third-party delivery partner places it in a safe, secure location as per instructions

8.2 Company Responsibility Ends
Responsibility ends upon delivery to concierge, staff, neighbor, or other authorized person.

8.3 Proof of Delivery

For deliveries fulfilled by third-party partners, delivery photos or digital records provided by the partner serve as proof.
The Company does not routinely take independent delivery photos for standard orders.
For large orders or special events delivered directly by the Company, photographic proof is available only if requested in advance; additional fees may apply.

8.4 Delivery Concerns
Any concerns regarding delivery should be addressed directly with the third-party delivery partner, where applicable.

9. Missed Delivery / Recipient Unavailable

9.1 Procedures
If the recipient is unavailable and no safe location exists, delivery may:

Be left with concierge, building staff, or neighbor, or
Be returned to the shop for re-delivery

9.2 Re-delivery Fees
Re-delivery fees apply to all returned items.

9.3 Subzero Temperatures
Items cannot be left outdoors during subzero temperatures.

9.4 Absence of Instructions
If no approved delivery instructions exist, the order will be returned and re-delivered at the customer’s expense.

10. Surprise Delivery Policy

10.1 Customer Responsibility
Customers must provide complete and accurate recipient information: full name, contact number, access codes, availability, and delivery instructions.

10.2 Limited Information & Risks
If information is limited to maintain a surprise, the customer acknowledges and accepts all associated risks, including delays, failed deliveries, and re-delivery fees.

10.3 Third-Party Considerations
Most surprise deliveries are fulfilled by independent third-party partners. The Company does not control their methods or guarantee timing.

10.4 Customer Acknowledgement
By requesting a surprise delivery, the customer agrees to all conditions and risks. No refunds or compensation will be provided for issues arising from surprise deliveries.

11. Substitution Policy

11.1 Customer Agreement
Customers agree to reasonable substitutions unless explicitly declined in writing.

11.2 Reasons for Substitution
Substitutions may be required due to:

Seasonal availability
Supply limitations
Weather or market conditions

11.3 Substitution Standards
Substituted items will be comparable in quality, color, style, and value. Substitutions may occur without notice for same-day, next-day, peak-season, holiday, or time-sensitive orders.

11.4 Refunds and Exchanges
Substituted items are not eligible for refunds, exchanges, or compensation, except where the substitution fails to meet agreed-upon specifications.

12. Cancellations, Refunds, and Modifications

12.1 Confirmed Orders
Once reviewed, accepted, and confirmed, orders are final and non-refundable, except where otherwise specified.

12.2 Applicable Orders
This policy applies to same-day orders, future-date orders, Shopify orders, custom designs, events, weddings, corporate orders, orchid arrangements, and special orders.

12.3 Same-Day Orders
Cannot be canceled under any circumstances.

12.4 Future Orders
A minimum of 48 hours’ notice is required for refunds. A 3.5% cancellation fee applies, or customers may request 100% store credit.

12.5 Large or Special Orders
Large or special orders may require non-refundable deposits to secure materials. Minimum deposit amounts or percentages must be stated at the time of order.

12.6 Enforcement
All cancellation policies are enforced due to the perishable nature of flowers and seasonal limitations.

13. Quality Concerns, Wrong Items, Returns, Refunds, Disposal

13.1 Notification
Customers must notify the Company within 24 hours of delivery if there are quality concerns or wrong items. Clear photographic evidence is required.

13.2 Mandatory Photo Evidence
Photos should include:

Full arrangement
Close-ups of any issues
Packaging/container
Overall condition

Photo evidence is based on third-party delivery partner documentation; the Company does not take delivery photos.

13.3 Physical Return Requirement
Items must be returned intact if requested within the specified timeframe. Disposed, altered, or damaged items cannot be claimed.

13.4 Non-Eligible Cases
Claims are not eligible for:

Natural variations or minor imperfections
Slight wilting or natural flower aging
Incorrect delivery information
Improper post-delivery handling
Claims without third-party photo evidence or submitted after 24 hours

13.5 Final Assessment
All determinations regarding quality concerns or refunds are at the Company’s sole discretion.

14. Peak Season Exceptions

14.1 Conditions
During Valentine’s Day, Mother’s Day, Christmas, or other high-volume periods:

Flowers are harvested in bulk; individual selection is not possible
Minor variations in quality, size, color, or appearance are normal
Delivery windows are estimates only; same-day delivery is not guaranteed
Customers are encouraged to place orders well in advance

14.2 Liability
The Company cannot be held liable for supply limitations, operational delays, or third-party courier restrictions during peak periods.

15. Privacy and Data Protection

15.1 Customer Information Use
Customer information is used solely for order processing and delivery.

15.2 Legal Protection
Information is protected under PIPEDA and other applicable Canadian privacy laws. Data is deleted within 30 days unless legally required to retain.

15.3 Consent
Customer consent is required for any use beyond order fulfillment, including marketing purposes.

16. Use of Product Photos

16.1 Consent
With customer consent, photos of floral arrangements may be used for marketing and promotional purposes.

16.2 Privacy
No personal identifying information will be disclosed.

16.3 Opt-Out
Customers may opt out at checkout or by notifying the Company in writing.

17. Liability Limitation

17.1 Liability Cap
Except in cases of gross negligence or intentional misconduct, the Company’s liability is limited to the purchase price of the order.

17.2 Exclusions
The Company is not responsible for:

Indirect, incidental, or consequential damages
Loss of business, revenue, or profit
Delays or failures caused by third parties, weather, traffic, accidents, or unforeseen circumstances

17.3 Claims
All claims are subject to proof and documentation.

18. Force Majeure

18.1 Scope
The Company is not liable for failure to perform due to:

Natural disasters, extreme weather, or road closures
Pandemics or health emergencies
Acts of government or third parties
Any events outside the Company’s reasonable control

18.2 Order Handling
Orders may be delayed, rescheduled, or canceled without liability under these circumstances.

19. Customer Indemnification

19.1 Indemnity
Customers agree to indemnify and hold harmless the Company, staff, and delivery partners from claims arising from:

Incorrect or incomplete delivery information
Failure to follow instructions
Misuse or mishandling of the product
Any violation of laws or third-party rights

19.2 Coverage
This indemnity includes attorney fees and costs associated with such claims.

20. Governing Law and Dispute Resolution

20.1 Governing Law
These Terms are governed by the laws of Ontario, Canada.

20.2 Mediation / Negotiation
Disputes must first be addressed through mediation or negotiation.

20.3 Court Jurisdiction
If unresolved, disputes will be settled in Ontario courts; customers consent to jurisdiction.

20.4 Class Action Waiver
Customers waive class-action claims against the Company unless expressly permitted by law.

21. Severability and Amendments

21.1 Severability
If any term is deemed invalid or unenforceable, the remainder of these Terms remain in effect.

21.2 Amendments
The Company reserves the right to update or amend these Terms at any time. Updates will be communicated to customers and will take effect 7 days after posting or notification, unless otherwise required by law.

22. Contact Information

Email: support@torontoflowergallery.com
Phone: (416) 367-0476
Hours: Mon–Fri 9:00 AM–6:30 PM / Sat 10:00 AM–5:00 PM / Closed Sundays & Holidays
Response Times: Inquiries handled during business hours; responses may take up to 24 hours
Emergency / Peak Season Contact: Same email or phone; response times may vary due to high volume