Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this website agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Pistil Flowers. The collective work includes works that are licensed to Pistil Flowers Copyright 2012, Pistil Flowers ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Pistil Flowers or purchasing Pistil Flowers products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Pistil Flowers or to purchase Pistil Flowers products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Pistil Flowers. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All content of the products are protected by the Copyright Laws of Canada. All offenses are punished under the Department of Justice on summary conviction, to a fine or to imprisonment or to both, or on conviction on indictment, to a fine or to imprisonment or to both (source Department of Justice Canada).

Limitation of Liability

Pistil Flowers shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, the products or the performance of the products, even if Pistil Flowers has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Pistil Flowers product is mistakenly listed at an incorrect price, Pistil Flowers reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pistil Flowers reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pistil Flowers shall issue a credit to your credit card account in the amount of the incorrect price.

Currency

All funds are taken in Canadian dollars (CDN)

Products
All products, as depicted on this website, are shown as a guide and are subject to availability. We will use every effort to replicate the images as shown when designing your order; however, the actual item delivered may vary. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value, likeness and quality without notice. If we are unable to supply all or part of your order, we shall notify you as soon as possible.

Some flower and plant products may be harmful or poisonous. If you require further information before placing an order, please contact us.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pistil Flowers without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Pistil Flowers may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Pistil Flowers.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of Canada, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pistil Flowers products) shall be in Federal Court of Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pistil Flowers products) must be commenced within two (2) months after the claim or cause of action arises. Pistil Flowers’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pistil Flowers may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pistil Flowers or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Pistil Flowers does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pistil Flowers is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pistil Flowers reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Pistil Flowers in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Pistil Flowers, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Pistil Flowers may link to sites operated by third parties. However, even if the third party is affiliated with Pistil Flowers, Pistil Flowers has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pistil Flowers. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pistil Flowers seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Return Policy 

We take a lot of pride in ensuring that each order is beautiful and uses the freshest flowers available.  If you’re not happy with your order, we want to know.

Due to the perishable nature of our products, all fresh flowers orders are final sale. If you are not satisfied with the quality of your flower arrangement, you must notify Pistil Flowers within 24 hours of the purchase date or receipt of a delivery order. We ask that you drop off the arrangement to Pistil Flowers or e-mail a picture to [email protected]. An exchange will be granted on fresh flowers, if notified within the 24 hour period.

If you have any concerns about a plant purchased at Pistil Flowers, you must notify Pistil Flowers within 7 days from the date of purchase.

For hard goods, you may exchange any item in its original condition up to 7 days from the date of purchase.

For Pistil Workshop, refunds will be granted if Pistil Flowers is notified 7 days before workshop date; otherwise, an exchange for product or a workshop will be granted.

Deliveries to an Incorrect Address

For delivery orders, we ask that you ensure that the address provided is accurate.  If an incorrect address is provided, we will charge an additional delivery fee to redirect the order. Due to the perishable nature of flowers, failure to provide correct address information within 24 hours after our notification of the incorrect address will result in order cancellation or additional charge for the cost of flowers and delivery.

Cancellation Policy 

Orders can be cancelled; however, a cancellation fee may apply.  To cancel an order, you must notify Pistil Flowers to confirm your cancellation.  A fee of $50 will be applied if the cancellation notice is provided within 1 business or less from the scheduled delivery date.  If notification is provided within 2 business days or more, then a credit for the value of the order will be granted.  Please note that we are unable to cancel orders that have been prepared or have been dispatched to our delivery driver.

Privacy Policy

You may visit our site anonymously. We collect information from you only when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

We may use the information we collect: to personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested; to allow us to better service you in responding to your customer service requests; to quickly process your transactions; and to administer a contest, promotion, survey or other site feature.

If you have opted-in to receive our e-newsletter, we occasionally send out newsletters to update you on the latest news, products, special offers and events. Let us know by entering your email address to subscribe to our free newsletters. You can find a unsubscribe link at the bottom of e-newsletter.

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server.

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on August 1, 2012.

We welcome your questions, comments, and concerns about privacy or any other issue.  Please send your feedback to [email protected]

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your consent

By using our site, you consent to our privacy policy.