Liabilities - Returns & Refunds

CLAIMS FOR LOSS OR DAMAGE TO DELIVERIES

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 Fedex, UPS or any courier and supporting documentation is provided. Items that are not damaged, will not be replaced.

DAMAGE INSPECTIONS

Heart & Thorn 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:

1. 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.
2. 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.
3. CHANGE OF MIND - Where a customer has a "change of mind” after an order has been placed.
4. PERSONAL TASTES - Where personal taste differences occur.
5. 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”.
6. 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.
7. 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.
8. 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 CANCELLATIONS

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.