REFUND & DELIVERY POLICIES
This website is operated by Hamilton's Canada. Throughout the site, the terms “we”, “us” and “our” refer to Hamilton's Canada. We offer this website, including all information, tools and services available from this site to you, the user/customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. (see Terms & Conditions for more details).
REFUNDS, RETURNS, DELAYS, CLAIMS AND DAMAGES - OUR GOALS
We take great pride in the quality and craftsmanship of our products. Attention to design, materials, safety and construction is our priority. We carefully inspect your order prior to shipment and hand package it with care. Our goal is to exceed your expectations.
Upon request, we will, at our sole option, refund or credit the delivery fees that a customer has paid if a guaranteed delivery is not delivered in accordance with the applicable service guarantee. The amount of the refund will be the difference between ground delivery costs and the delivery cost the customer paid. By accepting the Terms & Conditions herein, the customer recognizes that delays are beyond our control and a customer is limited to partial refunds of delivery fees only if a gift is delayed in transit. We are not responsible for the consequences (direct or indirect) of a failure to deliver a delivery by a stipulated time.
EVENTS BEYOND OUR CONTROL
We are under no obligation to refund or credit a customer for any delivery charges, or for any loss, damage, delay, non-delivery, misdelivery or failure to perform, caused by events beyond our control, including, but not limited to, any act, default or omission of the gift sender/customer, gift recipient or any party having an interest in the delivery, defects or inherent vice in the delivery, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labor disruptions (of any entity including vendors, suppliers or customers), terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority, customs clearance delays, import/export documentation deficiencies or deliveries requiring extraordinary handling, documentation or routing.
GIFTS/GIFT BASKETS DAMAGED OR LOST IN TRANSIT
Upon delivery, please have the gift recipient inspect the delivered goods and notify us by email of any damage within five business days of the delivery date. By email, provide us with enough information to allow us to understand the situation including pictures of the damages. We will not process any claim for loss of or damage for any delivery unless notice thereof sets out the particulars of the origin, destination, parcel identification number (PIN), date of delivery and the estimated amount claimed in respect of such loss or damage is given to us within the time limits set out below, failing which we will have no liability in respect of the delivery. Documentation must include pictures of the damages, estimates for repair, or other records. Failure to submit the necessary supporting documentation will result in the claim being denied. The right to damages of any kind against us will be extinguished unless we are contacted within five business days of the damage package being received or five days from the date on which the delivery should have been delivered, or five days from the date on which delivery stopped. Excluding refund requests made in respect of our service guarantees, all claims must be submitted in writing by email with supporting documentation. We do not accept returns of damaged gifts in any circumstances as most of the items that we sell are customized, gift wrapped or food items and cannot be resold. However, we will replace the damaged items if the damage was caused by Canpar, Fedex, UPS or any courier and supporting documentation is provided. Items that are not damaged, will not be replaced.
We retain the right to inspect any delivery that is the subject of a damage claim. If we request that the customer retain the delivery and packaging for inspection, the customer shall retain the delivery and packaging for inspection us for a period of 10 days. Failure to retain the delivery and packaging for inspection may result in the claim being denied.
REFUNDS ARE NOT AVAILABLE IN THE FOLLOWING CIRCUMSTANCES
- PERISHABLE ITEMS & CHOCOLATE DIPPED STRAWBERRIES - When a customer does not pick same-day or next-day shipping for fruit, strawberries, chocolate-dipped strawberries, and other perishable items as these items are perishable and we do not recommend shipping options longer than next-day service. The customer recognizes that it had the option to choose same-day or next-day services and chose a different delivery option that is risky. The customer recognizes that we are not able to process a refund when the customer has made a risky delivery decision. In some cases, we may decide to ship chocolate truffles instead of chocolate dipped strawberries so that the product has a better chance of being delivered in a good condition. The customer agrees to this decision and will not request a refund when this substitution has occurred.
- EVENTS BEYOND OUR CONTROL - For delivery charges, or for any loss, damage, delay, non-delivery, mis-delivery or failure to perform, caused by events beyond our control, including, but not limited to, any act, default or omission of the gift sender/customer, gift recipient or any party having an interest in the delivery, defects or inherent vice in the delivery, acts of God, perils of the air, weather conditions, mechanical delays, car/vehicle accidents, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labor disruptions (of any entity including vendors, suppliers or customers), terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority, customs clearance delays, import/export documentation deficiencies or deliveries requiring extraordinary handling, documentation or routing.
- CHANGE OF MIND - Where a customer has a "change of mind” after an order has been placed.
- PERSONAL TASTES - Where personal taste differences occur.
- NOT AS DESCRIBED & SUBSTITUTIONS - Where a package is “not as described on our website” and/or we have substituted item(s) in a gift/gift basket that are in compliance with our “substitution policy”.
- ORDER CHANGES - For changes to orders submitted less than two days prior to the date the gifts/gift baskets will be processed for delivery. During holiday periods 7 days is required. NOTE: If you have changes that are needed, and they are outside of this time frame, please call us and we will do our very best to accommodate you; we just cannot guarantee them or provide refunds in such circumstances.
- UNDELIVERABLE ITEMS - When gifts/gift baskets are undeliverable. If the intended recipient is not there to receive the package or incomplete or inaccurate address information was provided at the time the order was placed, we are not responsible for the loss of the packages or damages.
- STOLEN ITEMS - When a delivery is stolen OR goes missing. If we have proof of delivery from any courier, the customer is not entitled to a refund. The customer is accepting the risk for lost and stolen gifts/gift baskets.
CLUB MEMBERSHIPS - RETURNS, DAMAGES AND CANCELLATION
Due to the perishable nature of most of the items in our club memberships, we are unable to accept returns for club memberships under any circumstances or process refunds. All claims for damaged, spoiled, or missing shipments must be made within 5 days – see our Terms and Conditions above for details. Memberships cannot be cancelled under any circumstances. If you signed up for a specific club membership, you are obligated to fulfill the complete term.
Unless otherwise indicated, the following Specialized Service charges may be added to any delivery for an additional charge. Other specialized services may be available upon request.
- HOLD FOR PICKUP - Where a gift recipient is not available to accept a delivery attempt by one of couriers, the delivery will be held at an authorized location for in-person pickup. Deliveries held for pickup will be held at the authorized location up to five business days. If the gift recipient fails to pick up the delivery during this time, the package will be returned to our warehouse at the customer’s expense. In such circumstances, the customer will not be entitled to any refunds as the items are not able to be resold.
- ADMINISTRATIVE CHARGES - We reserves the right to discontinue, apply new, or modify existing, administrative charges at any time and from time to time. Unless otherwise indicated, any of the following administrative charges may be applied to any orders placed with us.
- ADDRESS CORRECTION - An additional $10 charge may be applied per piece where the recipient’s address is incorrect, incomplete, or illegible.
- PROOF OF DELIVERY - Unless otherwise specified in these Terms and Conditions, we will provide electronic proof of delivery, where available, to customers at no extra charge by contact our customer service department. An additional $25 charge will be applied if a customer requests, and is provided with, a hard copy proof of delivery.
MULTIPLE BASKETS DELIVERED IN ONE ORDER AND SOME BASKETS ARE LESS THAN $100
We delivery gifts/gift baskets free-of-charge to most areas in Canada and the USA when the value of the gift/gift basket is over $100 per delivery location. When multiple baskets are ordered and some of the baskets are under $100, we will separately charge you for the delivery charges for these deliveries.
We reserve the right to discontinue, apply new, or modify existing, delivery charges at any time and from time to time. Unless otherwise indicated, any of the following delivery charges may be applied to any delivery:
- BEYOND POINT - An additional charge will be applied where the origin or destination point is deemed by us to be remote or is not serviced directly by us. Please contact by email for details.
- REDELIVERY FEES - An additional charge will be applied to any delivery that is required to be redelivered where we, through no fault of our own, were unable to complete delivery on the first attempt. This charge will be applied for each subsequent delivery attempt.
- REDIRECT IN TRANSIT - An additional charge will be applied to any delivery requiring a change of delivery address while in transit, requested by either the customer or the gift recipient (if permitted*), with the requester having to pay the additional charge.
- SAME DAY DELIVERIES – ADDITIONAL CHARGES - Unless otherwise indicated, the following delivery charges may be applied to any Same Day Delivery:
- ORDER CANCELLATION - Same Day orders are considered “dispatched” after being entered into the dispatch system and after a confirmation number has been provided to the Customer. If a Same Day order is cancelled after being dispatched, orders will be charged the full delivery charge, inclusive of all Taxes and Additional Charges.
- REDIRECT IN TRANSIT - Same Day orders are considered “dispatched” after being entered into the dispatch system and after a confirmation number has been provided. If a Same Day order is redirected after being dispatched:
a. If redirected before pickup, orders will be charged the full delivery charged for the new destination only, inclusive of all Taxes and Additional Charges;
b. If redirected after pickup, orders will be charged the full delivery charge for the first destination, plus the full delivery charge for the new destination, inclusive of all Taxes and Additional Charges.
- UNDELIVERABLE PACKAGES - In the event that a gift/gift basket is undeliverable, title to the gift/gift basket will pass to us and such gift/gift basket may be disposed of at our sole discretion and at any location. The purchaser is not entitled to a refund in such circumstances as the items cannot be resold.
- PRICING POLICY - All prices are subject to any applicable taxes according to federal and state/provincial/territorial laws. If your location can be determined, prices will be shown in your currency. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and we must reserve the right to adjust the price of those items.
SUBSTITUTION POLICY & ORDERS NOT ACCORDING TO ORDER
From time to time, substitutions may be necessary to fill an order in a timely manner (especially when an order is for a holiday or occasion such as a birthday or anniversary and the gifts need to arrive on time). Some of the items in our gifts/gift baskets may be backordered, discontinued or out-of-stock for a variety of reasons -- most of which are beyond our control.
In these circumstances, we will substitute items of equal or greater value in all cases. We reserve the right to substitute any item with an item of equal or greater value. For example, if a particular type of pasta is backordered such as Spaghetti, we will substitute if with a closely related item at a higher value such as Fettuccine. Doing this, will ensure that your order will be delivered on a timely basis.
In some cases, we will substitute the entire gift/gift basket. Please understand that the utmost care and attention is given to your order to ensure that it is as similar as possible to the one requested.
By accepting these Terms & Conditions, customers recognize that gift recipients may receive products that are “Not According to Order” or include “Substituted Items”. Further, customers recognize that they are not entitled to refunds/credits/replaced items in such circumstances. It is agreed that it is more important to have a gift/gift basket delivered on a timely basis that to have the exact gift that was ordered delivered.
If you have any questions about our refund and delivery policies, please contact customer service and they will be pleased to help.