terms and conditions

By renting our product and purchasing on this website, you agree to these terms and conditions: 

OVERVIEW

This website is operated by HB Florals. Throughout the site, the terms “we”, “us” and “our” refer to HB Florals. HB Florals offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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Disclaimer: By renting our floral arrangements you understand that though some of these flowers look and feel real, and are named after real flowers, they are in fact artificial, and therefore only resemble the real flower for which it is named after, or referred to.

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Payment: We offer 2 payment options: Payment in full, or in 2 instalments.

Please note, in both payment options, you may still change your requested items up until 7 days before your wedding date, if those items are still available, at time of request.

> OPTION 1: Payment in full

If you choose to pay in full (at once, in one payment), you have immediately secured your date to rent our items and use our services. If your event is less than 14 days away, full payment is required upon booking.

> OPTION 2: Payment in 2 instalments
These 2 payment instalments are automatically calculated at checkout. The first payment is the [the delivery fees + 30% of the product fee/add-on services]. This first payment is considered your retainer as well, which is non-refundable at any point. This first payment will be due immediately at checkout. The second instalment is the remainder of the total balance, and is due 90 days after OR 14 days prior to your event, whichever comes first, and will be automatically charged by the online payment system.  Please note, we reserve the right to change the collection date of the second payment in the system, to adhere to this policy.

Retainer

Please note, included in both payment options is the retainer. The retainer is not a deposit or an extra fee. Rather, it is deducted from the total price of your order. This retainer is non-refundable and is used to secure your date. In both payment options (payment in full or in 2 instalments), the retainer is [the delivery fees + 30% of the product fee/add-on services].

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Cancellation Policy

We (HB Florals) require a 90 day cancellation notice, in which everything will be refunded except the retainer which is: [the delivery fees + 30% of the product fee/add-on services] and any payment processing fees. Retainers are non-refundable, at any time. Cancellations within 90 days of your event will not be refunded.

To request a cancellation, please e-mail us at: handmadebotanicals@gmail.com.

Re-Scheduling

In case this rental contract is forced to be cancelled due to acts of God, fire, floor, war, natural disasters, epidemic, weather, terrorism, crime, revolution, riots, labour disputes, accidents, civil disorder, government acts of regulations, or any extraordinary event or circumstance beyond the control of either HB Florals or The Client, within 90 days of your wedding/event, we will move your retainer free of charge to another date, if the new requested date is available. If the Client’s new requested date is not available, there would be no refunds applied for cancelling the original date. We will try our best to come to a respectful and mutual agreement between both parties involved.

If there are costs involved that have incurred for the original date, and cannot be credited nor rescheduled, such costs will not be refunded to The Client.

You may re-schedule your original event date, for any reason, up until 90 days before your original event date, if your new date is available.

Alterations

Alterations (additions, subtractions or changes) can be up to 7 days before the event date if there is availability of the requested items; there is a guaranteed minimum payment of 85% of the original order (before taxes and delivery fees).

To request and receive approval of these alterations, please e-mail us at: handmadebotanicals@gmail.com to check availability.

The Client may not alter the rentals in any way. This includes, but is not limited to, adding any of your own flowers (fresh or faux), removing flowers, or altering the shape of the arrangements. There will be damage fees applied to not adhering to this policy and we reserve the right to charge the customer's credit card on file for any of these damages, without prior notice.

Availability

We reserve the right to cancel this contract and your online order at anytime we feel that the obligations cannot be met by both parties (The Vendor and/or The Client). If we initiate the cancellation of the contract, we will provide a full refund (including the retainer), minus any actual costs incurred up to that point that we inform The Client. We reserve the right to cancel and/or refund certain items after you placed your order if: the date is no longer available, but was not updated on the website, certain products are no longer available for the date requested, the amount ordered exceeded the limit available of that particular item, or for any other reason.

Please note, availability of the fresh florals (baby's breath) is dependent on availability from the fresh floral supplier. If, for any reason, the fresh baby's breath is not available for the bud vases, all efforts will be made by The Vendor to find a replacement. If no replacement is possible, The Vendor will use faux baby's breath instead, and will refund The Client the cost of the additional fresh baby's breath, if The Client still chooses to rent the bud vases.

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Integrity of Rented Items

All of the floral arrangements are made using faux florals (artificial florals made to replicate real flowers such as baby’s breath, roses, hydrangea, delphinium, and other flowers).

If a rental item becomes unavailable due to damage upon its previous return, all efforts will be made to substitute another or a refund will be given for that particular item.

All rented items could have normal wear and tear due to declining condition that occurs over time, even though this Vendor has been regularly maintaining the rented items.

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Liability

By purchasing on this website, you agree to not move or change any part of the rented items once they have been delivered and installed by the vendor, and will be mindful when walking/ placing objects around the rented items. The purchaser will not hold the vendor or their assistant responsible for any of the rented items breaking or coming apart due to weather, tampering, touching, pushing, hanging or knocking over by anyone or anything present on the property, before, during and after everything is delivered and installed. The purchaser will not hold the vendor or their assistant responsible for any physical or property damage done to anyone or anything, as relating to any part of the rented items, including the materials used to secure the arch and the other rented items, during the period of: delivery, installation and tear down. If the vendor is asked to move items that are not the vendor’s own property (such as tables, chairs, other decor pieces) or is given permission to move said property in order to set-up any of the rented items, the purchaser will not hold the vendor or their assistant responsible for any physical or property damage done to anyone or anything as a result of these actions. Finally, you understand that all of the items are rented, and will be returned to the vendor by at the chosen teardown time, and understand to return the rented items in the same condition they were set-up in, free of damage or any alterations.

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Damages

In the event that the vendor arrives and any of the arch or pillars have a) been moved to another area (not by the vendor), b) knocked over to the ground, c) broken or faulty tubes/frame, or d) visibly tampered with, a non-refundable replacement fee of $600 CAD will be incurred by the client. The arch and pillars are not to be moved by anyone, other than the vendor and their assistant, without prior written approval (via email). They are heavy, large, and require intricate detailing to ensure safe installation.

The Client Is responsible for the rented items from time of possession to time of return. Client assumes entire risk of loss, regardless of cause. If the rented items are lost, stolen, damaged, client will pay all costs of replacement or repair. These replacement/repair costs will be solely determined by The Vendor.

In the event that any of the items are not returned or are missing, or the items are damaged beyond natural wear and easy repair, each item will incur an additional 4x cost. For example, if any part of the 1 bud vase rental (valued at $5.50 rental price) is missing (even if a real touch rose is missing), the replacement fee would be an additional $22 per missing/damaged vase rental, before tax. Please, notify all vendors that the floral arrangements are all rentals. This includes the venue and anyone else in charge of moving tables, chairs, helping with set-up, including family and friends. Please inform them that this vendor will tear down all of their own rentals, at the agreed upon time in this contract.

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Inclement Weather (If applicable)

In the event there is inclement weather, before the floral arch is installed outdoors, the arch can be installed in an alternative sheltered area, at the same address, if requested by the client, at no additional cost. If inclement weather starts after the floral arch has been installed, the vendor will arrive to uninstall/protect the arch immediately. If the client wishes for the vendor to tear down and re-install the arch at a different location at the same address, an additional fee of $400 + HST would apply (that is, if it is possible to install the arch in the new location). 

If the client wishes for the vendor to tear down and re-install the arch at a completely new address, an additional fee would incur, dependent on distance. Otherwise, there will be no refunds given for the floral arch, after it has been delivered and installed.

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Media Usage/Model Release/ Photo Use/ Social Media

The Client agrees to allow this Vendor to use any recordings or images captured from the wedding/event, for advertising purposes.

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Vendor’s Role during Event Date

All of the rented items will be installed/set-up by the vendor, and are not to be moved by anyone other than the vendor and their assistant.

The vendor and assistant will stay for the duration of the ceremony, so that the rented items can then be moved to their designated places for the reception during cocktail hour (if you have purchased this service).

After the reception area is set up with the rented items, the vendor and their assistant will leave the premises and will return at the chosen teardown time.

The vendor is not responsible to move items that are not the vendor’s property; this includes moving tables, chairs, and someone else’s decor pieces. However, if requested by the client or it is deemed necessary to move furniture/other items in order to install/set-up the rented items, the vendor may assist in moving non-vendor’s items and will ask permission beforehand, and the vendor will remain blameless.

The vendor will not provide any other decor pieces such as candles, additional table decor, or additional floral arrangements than the ones outlined at checkout.

The vendor will tear down and return all of their own rental items. Only the vendor can remove and tear down the rented items from their original designated spots from the venue. No one is allowed to transport, take-down, or move our product without prior written approval.

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Location and Site Limitations

> OUTDOOR (if applicable)

If the arch and/or pillars are being installed outside: we may have to secure the arch with cables and possibly wooden posts in the back and would require at least 2 feet in front of the arch, and 2 feet behind the arch. Please be mindful walking around the arch, there may be cables inserted into the ground from the back AND the front, or there may be other elements used to secure the arch.

> INDOOR (if applicable)

If the arch and/or pillars are being installed indoors: we require at least 4 feet in total depth and 7 feet in total length, to install the arch and for it to stand safely. 

As the client, please ensure there will be enough space for the arch/pillars/other floral arrangements and any surrounding tables/chairs, for you to comfortably walk around and be seated around/in front of the arch/pillars/other floral arrangements. As the client, please be sure to check with your venue to confirm our rentals will fit in the desired space, as refunds will not be made if any of the items do not fit/are not possible to install/are not used. This includes checking with the venue if there will be any stages that the rented items will be placed on.

The Vendor is limited by the rules and guidelines of the location(s) and site management officials. Negotiation with the officials for moderation of guidelines is the responsibility of The Client; This vendor will offer technical recommendations only. Reimbursements will not be made for unused items due to venue limitations not communicated to the Vendor.

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Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://hbflorals.com/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HB Florals, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HB Florals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at handmadebotanicals@gmail.com.