Terms of Service

Last updated: June 6, 2026

Overview

Welcome to HamiltonBaskets.ca. The terms “we,” “us,” and “our” refer to HamiltonBaskets.ca. HamiltonBaskets.ca operates this website, including related information, content, features, tools, products, and services, in order to provide customers with an online shopping, gift basket ordering, customer support, and order fulfillment experience (the “Services”). HamiltonBaskets.ca is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access, browse, use, or make a purchase through the Services.

Please read these Terms of Service carefully. They include important information about your legal rights and obligations, including warranty disclaimers, limitations of liability, order terms, delivery terms, and restricted product terms.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access the Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your applicable jurisdiction. If you allow a minor dependent to use the Services through a device or account you own, manage, or control, you are responsible for that use.

To use the Services, including browsing this website or purchasing products, you may be asked to provide information such as your name, email address, billing information, payment information, recipient information, delivery address, phone number, and other order details.

You represent and warrant that all information you provide through this website is accurate, current, and complete, and that you have the right to provide such information, including recipient information and delivery instructions.

You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Services and for all activity that occurs under your account.

Section 2 - Our Products

HamiltonBaskets.ca primarily offers gift baskets and related add-ons for delivery across Hamilton and Southern Ontario. Products may include food items, beverages, packaged goods, alcohol where permitted by law, personalized messages, and other gift-related items.

We make reasonable efforts to provide accurate product descriptions, product images, pricing, availability, and related information. However, product appearance, colors, packaging, container style, arrangement, and presentation may vary from what appears on your screen due to device settings, photography, lighting, seasonal availability, supplier changes, or fulfillment requirements.

Product descriptions, images, prices, availability, contents, add-ons, and presentation details are subject to change at any time without notice.

Because products may include food, beverages, alcohol, seasonal items, perishable items, specialty goods, or third-party branded products, substitutions may be made when necessary. When substitutions are made, we aim to maintain the overall intent, value, and presentation of the selected product.

Some products may contain allergens or ingredients that are not suitable for all recipients. Customers are responsible for reviewing product information and contacting us before ordering if allergy, dietary, alcohol, religious, or other product suitability concerns are important to the order.

Section 3 - Orders

When you place an order through HamiltonBaskets.ca, you are making an offer to purchase the selected products and services. HamiltonBaskets.ca reserves the right to accept or decline an order for any reason at its discretion.

An order is not accepted until payment has been received and processed and the order has been confirmed. Order confirmation does not guarantee that every requested item, add-on, delivery instruction, or delivery timing preference can be fulfilled exactly as requested.

Please review your order carefully before submitting it. This includes product selection, recipient name, delivery address, phone number, delivery instructions, gift message, billing details, and any selected add-ons.

HamiltonBaskets.ca may be unable to accommodate cancellation or change requests after an order has been accepted or once preparation, fulfillment, substitution, or delivery coordination has begun.

Section 4 - Recipient Information and Gift Messages

Because HamiltonBaskets.ca is a gifting website, customers may send orders to recipients other than themselves. You are responsible for providing accurate recipient information, including recipient name, delivery address, phone number, company or building details, unit or suite number, and any delivery instructions.

If you include a personalized greeting message with an order, you are responsible for the content of that message. We may decline, edit, or remove messages that are unlawful, abusive, discriminatory, misleading, threatening, obscene, or otherwise inappropriate.

We are not responsible for delivery issues, delays, failed delivery attempts, or additional costs caused by incorrect, incomplete, outdated, or inaccessible recipient information.

Section 5 - Prices and Billing

Prices, discounts, promotions, product availability, delivery charges, and free delivery thresholds are subject to change without notice.

Unless otherwise expressly stated, posted prices do not include applicable taxes, delivery charges, shipping charges, handling fees, service fees, or other applicable charges. Any applicable charges will be displayed or calculated during checkout where available.

Orders over $100 may qualify for free delivery where applicable. Free delivery eligibility may depend on order subtotal, delivery location, product selection, promotional rules, or checkout configuration.

You agree to provide current, complete, and accurate billing and payment information. You authorize us and our payment processors to charge the payment method you provide for the total amount of your order, including applicable taxes, delivery charges, and fees.

Section 6 - Delivery

HamiltonBaskets.ca provides one-day delivery across Hamilton and Southern Ontario where available. Delivery availability is confirmed at checkout based on the recipient’s location.

HamiltonBaskets.ca does not offer same-day delivery. Any delivery date, delivery timing, delivery window, or delivery estimate is subject to product availability, delivery location, recipient availability, courier capacity, weather, traffic, building access, payment approval, and other operational factors.

Delivery dates, delivery windows, shipping times, and transit times are estimates only and are not guaranteed unless expressly stated otherwise in writing by HamiltonBaskets.ca.

We are not liable for delivery delays or failed delivery attempts caused by couriers, delivery partners, weather, traffic, incorrect or incomplete delivery information, building access issues, recipient unavailability, refusal of delivery, security restrictions, force majeure events, or other circumstances outside our reasonable control.

Customers are responsible for ensuring that the recipient location can accept delivery. This includes providing accurate building, company, hospital, office, apartment, condo, suite, unit, buzzer, reception, concierge, or delivery instruction details where applicable.

Section 7 - Alcohol and Restricted Products

Some products or add-ons may include alcohol or other restricted items where permitted by applicable law and available for the recipient’s delivery location. Alcohol availability depends on product selection, recipient location, delivery rules, age requirements, and applicable laws.

By purchasing any product containing alcohol, you represent that you and the recipient are of legal drinking age and that the order complies with all applicable laws.

Alcohol deliveries may require adult signature, age verification, recipient identification, or additional delivery requirements. If age verification cannot be completed, delivery may be refused, delayed, cancelled, or otherwise affected.

We reserve the right to decline, cancel, modify, or restrict any order containing alcohol or restricted products where required or appropriate based on applicable law, delivery availability, recipient location, or operational requirements.

Section 8 - Perishable and Food Products

Some gift baskets may include food, beverages, fruit, chocolate, cheese, baked goods, or other perishable or temperature-sensitive items. Product condition may be affected by weather, recipient availability, delivery timing, storage conditions, and handling after delivery.

Customers are responsible for ensuring that the recipient is available or that the delivery location is suitable for receiving food or perishable products. Once an order is delivered, the recipient is responsible for appropriate handling, storage, refrigeration, or consumption of any perishable items.

We do not guarantee that food or perishable items will be suitable for every dietary, allergy, health, religious, or personal preference. Customers should review product details and contact support before ordering if these issues are relevant.

Section 9 - Customization and Product Changes

HamiltonBaskets.ca may offer personalized greeting messages, add-ons, and limited custom gift basket options where available. Customization options depend on product availability, inventory, delivery location, timing, and operational capacity.

We do not guarantee that all customization requests can be accommodated. If a requested item, message, add-on, or customization is unavailable or unsuitable, we may contact you, make a reasonable substitution, decline the request, or proceed in a manner consistent with the overall order intent and value.

Section 10 - Intellectual Property

The Services, including trademarks, trade names, text, images, graphics, product descriptions, page layouts, website design, logos, icons, audio, video, and other content, are owned by HamiltonBaskets.ca, its affiliates, suppliers, service providers, or licensors and are protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, publish, display, sell, exploit, scrape, or use any part of the Services for commercial purposes without our prior written consent.

Section 11 - Optional Tools

You may be provided with access to third-party tools, apps, widgets, payment tools, customer support tools, order tracking tools, or other optional functionality as part of the Services.

We do not control all third-party tools and are not responsible for their availability, accuracy, functionality, security, accessibility, or performance. Your use of third-party tools may be subject to additional third-party terms and privacy policies.

Section 12 - Third-Party Links

The Services may contain links to websites, platforms, apps, or resources provided or operated by third parties. We are not responsible for examining or evaluating third-party materials, websites, services, or content.

Accessing third-party websites or services is at your own risk. You should review the applicable third-party terms, privacy policies, and security practices before using them.

Section 13 - Relationship with Shopify

HamiltonBaskets.ca is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made through this website are made directly with HamiltonBaskets.ca, unless otherwise stated.

Shopify may provide ecommerce, checkout, hosting, payment, fraud prevention, analytics, security, and related technology services in connection with the Services.

Section 14 - Privacy Policy

All personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be processed by Shopify, payment processors, delivery partners, couriers, fulfillment providers, support providers, and other service providers as described in our Privacy Policy.

Section 15 - Feedback, Reviews, and Submissions

If you submit ideas, suggestions, feedback, reviews, comments, proposals, photos, messages, or other content to us, you grant HamiltonBaskets.ca a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, translate, display, and create derivative works from such content in any medium for business purposes, subject to applicable law.

You represent that any content you submit does not violate the rights of any third party and does not contain unlawful, abusive, defamatory, misleading, obscene, discriminatory, or otherwise inappropriate material.

Section 16 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, delivery charges, delivery estimates, product contents, images, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change, update, or cancel orders if any information in the Services is inaccurate at any time, without prior notice, including after an order has been submitted.

Section 17 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services:

• For any unlawful, fraudulent, misleading, harmful, abusive, or unauthorized purpose
• To violate any applicable law, regulation, rule, ordinance, or third-party right
• To submit false, inaccurate, incomplete, or misleading order, billing, recipient, or delivery information
• To purchase alcohol or restricted products in violation of applicable age, delivery, or location requirements
• To interfere with or disrupt the operation, security, or integrity of the Services
• To upload, transmit, or distribute viruses, malware, harmful code, spam, or automated requests
• To scrape, crawl, harvest, copy, or extract website content or data without permission
• To impersonate another person or misrepresent your identity, authority, or affiliation
• To submit unlawful, abusive, threatening, obscene, discriminatory, or otherwise inappropriate gift messages, reviews, feedback, or communications

Section 18 - Termination

We may suspend, restrict, or terminate your access to the Services, cancel orders, or refuse future service at our discretion if we believe you have violated these Terms of Service, applicable law, third-party rights, payment requirements, alcohol or restricted product requirements, or any other policy referenced on this website.

Sections of these Terms that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute-related provisions.

Section 19 - Disclaimer of Warranties

The Services and products offered through the Services are provided “as is” and “as available,” except as expressly stated by HamiltonBaskets.ca.

To the fullest extent permitted by applicable law, HamiltonBaskets.ca disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, uninterrupted service, and error-free operation.

We do not warrant that the Services will be uninterrupted, secure, timely, accurate, complete, or free from errors, viruses, or other harmful components.

Section 20 - Limitation of Liability

To the fullest extent permitted by applicable law, HamiltonBaskets.ca and its affiliates, partners, officers, employees, contractors, suppliers, fulfillment providers, delivery partners, couriers, service providers, and licensors shall not be liable for indirect, incidental, punitive, special, consequential, exemplary, or similar damages arising from or related to your use of the Services, products, orders, delivery, substitutions, delays, third-party tools, or website functionality.

To the fullest extent permitted by applicable law, our total liability for any claim arising from or related to the Services, products, or an order shall not exceed the amount paid by you for the specific order giving rise to the claim.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

Section 21 - Indemnification

You agree to indemnify, defend, and hold harmless HamiltonBaskets.ca, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, suppliers, fulfillment providers, delivery partners, couriers, licensors, and service providers from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from or related to:

• Your breach of these Terms of Service or any policy referenced on this website
• Your violation of applicable law or third-party rights
• Your misuse of the Services
• Your submission of inaccurate billing, recipient, delivery, or order information
• Your purchase or attempted purchase of alcohol or restricted products in violation of applicable requirements
• Your gift messages, feedback, reviews, submissions, or communications

Section 22 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and the remaining provisions shall remain valid and enforceable.

Section 23 - Waiver; Entire Agreement

The failure by HamiltonBaskets.ca 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, together with the Privacy Policy and any other policies posted on this website, constitute the entire agreement between you and HamiltonBaskets.ca regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Section 24 - Assignment

You may not transfer or assign these Terms of Service or any rights or obligations under them without our prior written consent.

HamiltonBaskets.ca may transfer, assign, or delegate these Terms of Service and its rights and obligations without notice or consent, including in connection with a merger, acquisition, reorganization, financing, sale of assets, or transfer of business operations.

Section 25 - Governing Law

These Terms of Service shall be governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles.

Section 26 - Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on this website. The updated version will be effective when posted, unless otherwise stated.

Your continued use of the Services after any changes are posted constitutes acceptance of those changes. You should review these Terms of Service periodically.

Section 27 - Contact Information

If you have questions about these Terms of Service, orders, delivery, alcohol availability, product information, support, or order tracking, please contact HamiltonBaskets.ca through the Contact Us page on this website or call customer support at (905) 667-3660.