These Terms and Conditions (the "Terms and Conditions") are the terms and conditions upon which The Chocolate Tulip Inc ("we/us") makes this website (the "The Chocolate Tulip Floral Design Studio" website) available to you and on which we provide our services for delivery of flowers and other associated products under the Chocolate Tulip Inc.
This applies to all services accessed via the Chocolate Tulip Inc.'s website or by telephone or in store purchase. A link to our policy is provided on each page of our website including our Privacy Policy. This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms located on this page, our Privacy Policy and Terms of Use Pages regardless whether or not you choose to purchase from us.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use and Privacy Policy, all applicable laws and regulations, and agree that you are responsible for the compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
As a floral and interior plant design studio we offer floral, plant and gift delivery delivery in the GTA and surrounding areas or onsite consults for plant installations. design and events. To book a consult please fill out our plant consult form. We operate in studio format not in retail and therefore do not have in studio pickup.
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DELIVERY
For the safety of everyone the courier service has instituted the following delivery policy that we must observe. In placing this order with us we appreciate your understanding and acceptance of this policy
DELIVERY
Delivery cut off times are based on the floral courier service requirements that orders are booked by a daily cut off time. Orders received after the daily cut off time or for areas outside the GTA will be delivered the following delivery day. We will do our best to accommodate next day deliveries, but we cannot guarantee it.
It is the responsibility of the sender that the complete and correct information is provided, that the recipient is home/ available to accept the delivery and that there is concierge/ security who will accept deliveries going to condos/ apartments/ residential buildings or the recipient will be home to meet the driver during the delivery window.
Deliveries to residences that are homes without concierge service require a local telephone number be provided for the courier service. The driver will not call long distance numbers. If no local number is provided the delivery will be left at the door.
Deliveries to residences are generally between 2:30 pm - 6:30 pm Monday to Saturday with the exception of high volume times such as Christmas, Valentine's Day, Rosh Hashanah and Mother's day where delivery may be anywhere from 8:00 am through the day and into the evening to residences and by 6:30 pm to businesses.
The delivery policy of the courier service is deliveries to houses will be left on doorsteps/ at front doors if there is no answer at the door, (unless a second delivery has been authorized). The courier service is no longer able to leave deliveries in the care of neighbours. The studio or courier service will not be responsible for orders not taken in by recipient, recipients unavailable to accept their orders, orders vandalized or affected by weather due to being left at the door/ porch. Orders left at door due to lack of local number to contact recipient. Orders left at door are considered delivered.
For condominiums, deliveries will be left with concierge or security. Delivery to apartment buildings or buildings with no concierge accepting orders will only be delivered provided the recipient is available to receive the order from the driver. Please ensure there is a concierge/ security who accepts deliveries or you have verified the recipient will be available during the entire delivery window to accept the delivery.
Senior residences or assisted living must have a reception area to accept the delivery. If on arrival there is no reception the order will be considered undeliverable.
There is no delivery to hospitals or malls
During the holidays including Mother's Day, Christmas season, Valentine's the courier service will not disrupt their drivers on high delivery days therefore we are unable to advise you where on the route any delivery is and approximate time of delivery. There is no guaranteed delivery window especially on these days.
Special request for time specific deliveries cannot be accommodated. The delivery time is determined the by the floral courier service based on their daily delivery volume, traffic weather etc. If you require a specific delivery time please consider either picking up the delivery or alternatively using a private courier. We will require the courier company name and time of pickup. The courier must provide the name of sender to us. Once in the alternative couriers care the Chocolate Tulip will not be responsible for how the delivery is handled.
The courier service will not return to an address in the same day if the recipient is away at the time of the delivery.
CONTACT RECIPIENT AHEAD OF DELIVERY
If being delivered to a house or building with no concierge we do offer the service of notifying the recipient in advance by email of the delivery day and will accommodate request by recipient for a different delivery day. This applies to orders placed in advance of delivery day by noon only. On arrival of the notified date of delivery should the recipient not answer the door or phone the order will left at the door if being delivered to a house and the left at door policy will apply or considered undeliverable if to a condo/ apartment building/ office / place of business where no one is available to accept the delivery. It is the sender's responsibility to ensure the recipient is in town.
Week of Valentines/ Mother's Day/ Passover
Because of the volume of deliveries and pickups if you would like us to advise the recipient there will be a delivery we must receive orders at minimum 2 days in advance and we will notify the recipient on the day the order is received.
ORDERS BEING DELIVERED TO BUSINESSES
Orders being delivered to a business it is the sender's responsibility to ensure they are open during regular business hours (9:00 am - 6:00 pm) and the building policy allows for deliveries. If the recipient is not at work the order will be left with an employee of the office if one is available. If one is not available the order will not be redelivered unless a second delivery has been authorized at an additional fee. If a second delivery has not been authorized or after a second attempt the order is undeliverable it will not be refunded.
Deliveries with the exception of Valentines, Mother's day and holidays are generally conducted between 3:00 pm and 6:00 pm to businesses. If the business has different hours please advise us as a special delivery may be required at an additional fee.
BUILDINGS WITH MAILROOMS, SECURITY AND CONCIERGE
For condo buildings, buildings must have concierge/ reception to accept deliveries. It is the sender's responsibility to ensure there is a concierge/ security to accept deliveries. Our delivery service is also subject to building/ company policy including condo buildings that do not allow for deliveries to be left at door or do not accept deliveries on behalf of residents. The policy of the courier service is they will not leave opened or damaged packages with concierge or mailrooms. Those receiving the packages are responsible to take care in how they store them and deliver them to recipient. We are unable to accept responsibility for how they are cared for in the interim time they are with the mailroom, security, concierge or alternative recipient, nor is the courier service or The Chocolate Tulip responsible for lost, misplaced or forgotten deliveries once they are in the care of the mailroom, security, concierge etc.
Orders left with concierge/ security or mailrooms due to building policy are the responsibility of concierge/ security or mailrooms to ensure they are delivered in a timely manner and in the pristine condition they were received. The courier and studio will not be held responsible for concierge/ security who do not notify the recipient of the delivery.
SECOND DELIVERY
If the delivery is unsuccessful due to the driver not receiving an answer at the door of a house, or no one is available to accept at a condo/ apartment building a second delivery may be made the following delivery day ONLY IF IT HAS BEEN AUTHORIZED BY THE SENDER and a second delivery fee will be required of $17.00 for a Toronto address and $19.95 and up for an address in the GTA and Suburbs. If a second delivery has not been authorized the left at door policy or undeliverable policy will apply.
After the second delivery attempt, it will be left at the door of a residential house or for condos/ apartments or offices the undeliverable policy will apply. Second delivery attempts are only available for orders being delivered Monday to Friday and is not available for Saturday deliveries or deliveries followed by a holiday (unless followed by Mother's Day where a second delivery may be attempted on the Sunday). For Saturday deliveries or deliveries followed by a holiday the left at door or undeliverable policy will apply.
Orders which have requested a second delivery attempt remain in the care of the courier service. They will not be refreshed.
LEFT AT DOOR POLICY
In temperatures below 6 Celcius or higher than 20 Celcius perishable items such as flowers, plants and chocolates should not be left outside due to the negative impact it will have. Please ensure someone will be available to accept the order. It is not the responsibility of the studio or the courier service to ensure someone will be available at the time the courier arrives to the recipient's address to accept the delivery. We provide an estimated delivery window.
Orders left at the door because no one is available to accept the order are considered delivered and are not refundable. It is solely the sender's responsibility to ensure someone will be available to receive the delivery within the delivery window. Should the sender choose not to incur a second delivery charge the flowers will be left at the door and the left at door policy is in effect. The same left at door policy is in place should the recipient ask for the order to be left at the door or after co-coordinating a delivery day with the recipient or a second attempt has been made there is no one available to accept the delivery
If being delivered to a business or residential building with no concierge/ security it will be considered undeliverable.
Orders left at door are considered delivered and neither The Chocolate Tulip Inc. nor the courier service will be held responsible for orders damaged due to weather, theft, vandalism etc. There will be no refunds for orders left at the door.
UNDELIVERABLE POLICY
In the event that a delivery cannot be completed for any reason such as incorrect address, lack of recipient telephone information, recipient unavailable to receive delivery, etc, the following steps will be taken:
The Chocolate Tulip and the courier service will not be held responsible for deliveries delayed or lost due to incorrect or incomplete delivery information being provided. We may attempt to look up this information on the customer's behalf but will not be held liable should the delivery be delayed or lost due to this information being incorrect or missing. Floral deliveries delayed due to incorrect/missing information will not be refreshed/ remade. There are no refunds for delayed or lost deliveries due to incorrect/incomplete information provided to us. A local telephone number for the recipient must be provided so that the courier may contact them, the service will not incur long distance charges. If no local number is provided the courier will leave the order at the door of a house or it will be considered undeliverable. In the event an incorrect address has been provided and the courier has been able to locate the recipient to redirect the delivery there will be an automatic second delivery charge
Orders designated undeliverable due to no one being available to accept delivery, wrong address, no concierge or security, business closed, no one in the office to accept the order, building policy who refuse deliveries etc. will not be refunded.
WEATHER
During winter months if there is inclement weather delivery may be affected. Orders will be delivered the following available day. When temperatures are below 7 Celsius or above 20 Celsius if being delivered to a house we strongly advise against deliveries being left at the door as they will be negatively impacted by the weather, they should be taken in immediately to avoid damage due to cold and heat. Please make sure to confirm the recipient will be home or choose for us to contact them to work out a day when they will be available during the delivery window.
When weather such as extreme cold, heat or humidity is an issue we strongly recommend against sending flowers, chocolates and plants and to postpone to a more suitable day. Flowers may be negatively affected by the excessive heat and humidity or cold causing them to wilt or brown quickly even in transit. In extreme cold/ heat plants are at risk of being affected which will cause the plant to prematurely perish and in extreme heat if sending chocolate it will melt.
Should a client choose to send an order rather than wait, the courier service nor the Chocolate Tulip will take responsibility for orders impacted by weather. There will be no refund from either the courier service or the studio. We offer the option to delay the delivery until the weather is suitable and it is both ours and the courier service's recommendation you do so. Should the recipient issue a complaint we will explain to the recipient that despite our recommendation to the contrary the order was requested to be delivered. Please consider carefully when choosing your option. We understand some gifts may be time sensitive however we feel it is better to wait if weather is an issue due to the irreversible damage it may cause and ultimate disappointment. If you would like we can advise the recipient there is a gift for them but it has been delayed due to the weather and we will send it when the weather is suitable.
SPECIAL DELIVERY
Delivery fees will vary for special delivery items such as larger scale plants or planters, events, plantscape installations. These items will need to be ordered in advance so that the courier service can book a specific delivery day and driver for the item. The delivery rate will be determined by the courier and we will advise you of the rate and available delivery day prior to the final confirmation of order.
DELIVERY FEES
We believe in transparency when it comes to our fees. For this reason we do not mask the price of delivery by inflating our prices and then offering free delivery. Delivery fees are based directly on what we are charged for any given piece or area by the floral courier service. Delivery fees will vary depending on the postal code of the recipient. If there are any questions in regards to the delivery fee please feel free to give us a call. Delivery prices are charged per piece to an address regardless if multiple pieces are being shipped to same location. Where feasible we will do our best to group pieces into one parcel.
REDIRECTING A DELIVERY
Should you need to redirect a delivery we are required to notify the courier service by 2:00 pm one day in advance of delivery day. Same day orders cannot be redirected.
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ONFIRMATION OF ORDER/ CANCELLATION/ CHANGESOnce an order has been received by the studio it will be processed and an email confirming receipt will be received. It is the sender's responsibility to check their spam folder for the confirmation email. If you have not received an email confirmation within 12 hours please contact us. Once a confirmation email has been sent, due to the nature of preparing fresh and perishable goods and booking the courier, if an order is cancelled following confirmation (unless cancelled by phone within 10 minutes of placing the order) there will be a charge of 60% ( 70% during Valentine's and Mother's Day) of the order. If the order has already be sent out for delivery there is no refund. Orders received by phone must be cancelled a minimum of 48 hrs before delivery. If the order has already been prepared or out for delivery the above policy is in effect. If the order has not been prepared an in store credit will be issued towards your next order. If the floral courier suspends service after we have received the flower order online we will contact the sender to discuss a different delivery day.
ENCLOSED MESSAGES
Messages posted by you to be enclosed in cards sent on your behalf by us to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable. The Sender is entirely responsible for any text or other material which you post or send on this message system and The Chocolate Tulip accepts no liability for any such content. We reserve the right to refuse to send or display messages that are deemed unlawful or objectionable and terminate access to the relevant Services at any time
DELIVERY ISSUES BEYOND OUR CONTROL FORCE MAJEURE
If for any reason due to circumstances beyond our and our courier service's control we are unable to complete the same day delivery, we will inform you by email or phone if possible. Neither we, nor the courier service we utilize shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, protests, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
GOODS OF SALE POLICY
We take pride in the growers and suppliers we choose to do business with for floral and plants, chocolates, gift baskets and hard goods. We use the freshest product available to us from our suppliers for our designs and rely on the best growers for our plants. It is the recipient's responsibility to follow the care instructions that are provided on the back of the enclosed card with the flowers and growers recommended instructions for plants.
If there is an issue with the flowers on arrival a photo must be sent to us immediately after delivery so that we may see what the issue is and discuss solutions. Individual stems and different varieties of flowers will have varying vase life this is normal. We will only consider a remedy for individual stems if the photo is sent when the flowers are delivered. Flowers can be affected by temperature issues as well as something as simple as not drawing in water and we will do our best to address the reason and help you remedy the issue.
Plants are living entities and need proper care, while we provide guidelines for successful growth, we cannot guarantee the health of a plant once it has left our care. Our plants are inspected and cared for daily, acceptance of our products at time of sale is considered proof of good health and survivability. They are living botanicals and as such environmental factors, the attention they receive and care are the key components in how they thrive.
We provide general care instructions that are given to us by the growers but once they have left the studio individual locations temperature, lighting, humidity, watering schedules and amount of water given are all factors that vary from household to household. As the plants are not in conditions we can observe or control we are unable to guarantee their longevity or growing success.
We are happy to share our expertise with you to maximize your success with your plants. If plants are exhibiting stress due to the new environment or care they are receiving first signs will be evident within 7 to 14 days Please contact us immediately so that we can make suggestions on how to remedy the situation.
Once flowers and plants leave our studio or have been delivered we are unable to take responsibility for the environment they are placed in nor for how they are cared for and ultimately thrive
Flowers, plants are a perishable product as such our policy is we do not offer a guarantee on longevity, nor accept exchange or refund. All sales are Final.
A note. Flowering plants such as orchids need extra caution. We strongly recommend against sending these plants during winter months or in extreme heat as the drastic temperature change between the studio to the delivery vehicle and then again to the final destination tends to be too much for these plants to handle and they will show signs of distress by dropping flowers. If you should choose to go ahead and send an orchid during this time please note the risk and disappointment it may cause to the recipient.
IN EXTREME WEATHER CONDITIONS WE STRONGLY ADVISE AGAINST TAKING THE RISK OF DELIVERY OF PERISHABLE ITEMS INCLUDING FRESH FLOWERS, PLANTS AND CHOCOLATES/ GIFT BASKETS AND SUGGEST ORDERS WILL BE DELIVERED ON THE NEXT SUITABLE DAY. THE STUDIO CAN NOT BE HELD ACCOUNTABLE SHOULD YOU CHOOSE TO SEND AN ORDER DURING ADVERSE WEATHER FOR DAMAGE THE ORDERS SUSTAIN. IT TAKES ONLY SECONDS EXPOSED TO EXTREME COLD OR HEAT FOR FLOWERS TO SUFFER IRREVERSIBLE DAMAGE. SHOULD A RECIPIENT ISSUE A COMPLAINT THEY WILL BE ADVISED THE ORDER WAS REQUESTED TO BE SENT DESPITE OUR WARNING.
DISCLAIMER
We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply flowers or products we will do our best to notify you however there is no guarantee of notification and we reserve the right to substitute goods or packaging without prior notice of equal or greater value in the event of supply difficulties.
Some plants and cut flowers are toxic to dogs, cats and other pets. Please do your research before you purchase.
Moisture condenses on vases and not all vessels or planters are watertight. Flowers are transported in water and there may be spillage on arrival or condensation. Please protect all your surfaces and take care when opening your package.
In placing an order these terms are considered accepted
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