ORDERS AND CANCELLATIONS
All orders and subscription requests received are an irrevocable offer to purchase and are subject to acceptance by LA BOMBA FLORISTRY INC. ("La Bomba Floristry") and we and any of our personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order. Acceptance of your offer and completion of the contract between us only takes place when we start to process your order.
As a part of the checkout process on this website, you will be able to select the date for delivery of your first order, whether that delivery is part of a subscription or a one-off order. We will make every effort to satisfy your selection, but this cannot be guaranteed.
CHANGES TO YOUR ORDER
If you wish to change your order or subscription, please contact us at email@example.com. We'll do our best to make last-minute changes for you, but we can only guarantee changes (including those to the delivery address and gift card message) if received no later than 2 business days prior to preparation or dispatch of your order.
YOUR CANCELLATION RIGHTS
You can cancel single orders if your cancellation instructions are received no later than 2 business days prior to the selected delivery date. In those circumstances, a full refund will be given. If a lesser period of notice is given, and we have yet to begin physical preparation of your order, you will receive a store credit for the full value of your order, which expires within 6 months of issue. If we have already begun physical preparation of your order, you will not receive any store credit. We cannot accept cancellations for next-day and same-day orders.
SUSPENDING OR CANCELLING YOUR SUBSCRIPTION
If you wish to change your subscription, please contact firstname.lastname@example.org and include “Subscription” in the subject line. You can suspend or cancel a subscription at any time by giving no less than 3 business days notice before any upcoming delivery date within your subscription plan. Provided you have given us the specified notice, the suspension or cancellation will take effect without charge. In such circumstances, if your card has already been billed we will issue a full refund using the same method as your payment method. Where notice is received after that time and we have been unable to make the requested changes, please note you will still be charged for your next delivery (as we will have already started cutting your flowers), but your suspension instruction will only take effect for the upcoming number of times you select, unless a cancellation request is received.
The price for each order within a subscription is the price at the time that a subscription is set up. We reserve the right, at our absolute discretion, to raise our prices at any time for reasons including, but not limited to, price increases from our suppliers and partners. If we raise our prices, we will give our subscribers no less than 7 days notice before their next delivery and provide the option to cancel your subscription free of charge. If we receive no contact from you 2 business days prior to your requested delivery date, you will be deemed to have accepted such price change and your order will proceed as amended.
We accept Visa, Mastercard and American Express credit cards, as well as Apple Pay and Shopify Pay. In order to offer the best security, all our payments are processed securely by Shopify payments. We reserve the right to cancel or suspend any payment method at any time and will contact you to provide an alternative payment method.
For all subscriptions, your credit card will be billed at checkout for your first delivery only. For subsequent deliveries, you will be billed on a recurring basis every week during which a delivery is scheduled. The amount your card will be billed in any given week will be the value of your order(s) for the given week subject to any changes previously notified to you as above. You authorize your credit card company or other payment processor to provide updated credit card expiry information as may be necessary to process any existing order or subscription.
DELIVERY AND TAXES
All prices for delivery exclude GST (Goods & Services Tax) at the current rate unless otherwise stated.
Delivery is fulfilled to local addresses only. Same-day delivery is not available at this time.
An additional EXTRA ITEM fee of $5 per item will apply to your delivery rate when ordering 2 or more items to the same address.
Delivery will be made to the address specified by you when you place your order on the website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether. We clearly list the available postcodes and areas which we deliver to on our website.
In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us within 1 business day of your selected delivery date. You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
We take special care to ensure that deliveries are made within your selected delivery day and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery; if no one is at the address when the delivery is attempted, we will either leave the goods on the front porch or with concierge/reception. If these options are not available, the order will be brought back to our shop and a member of our team will contact you to rearrange the delivery at additional cost. Please note that adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery date. In any event, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
Should you fail to be present for your delivery, we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
REFUNDS AND RETURNS
We aim to please our customers by delivering fresh flowers and potted plants, in great condition and on time.
FRESHNESS AND DAMAGE
Our flower orders will often be sent out in bud form, meaning they will last longer with the recipient. While our flowers and potted plants are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on occasion (and for reasons beyond our control), they may be damaged in transit. If you receive flowers that do not seem fresh or are damaged, please contact us at email@example.com within 1 business day of receipt. Please include your order number (if applicable), a description of the damage or defect, and a photo. If the flowers or plant(s) do not meet our own high standards, we will give you a free replacement at our next available delivery date.
If you have ordered any other products from us and you are not happy about the condition in which they have been delivered to you, please contact us at firstname.lastname@example.org so that we can help you. Our liability to you will be limited to the price of the products.
While we take all appropriate steps to ensure our flowers, potted plants or other products are successfully delivered, sometimes mistakes occur. If we fail to deliver your order (i.e., if your flowers have not arrived on their intended delivery date) we will either send you a free replacement on our next available delivery date, or we will refund you the full price of your order within 3 business days. Please note that banks might take an additional 3-5 business days to refund the amount on your card.
Please understand that due to the perishable nature of flowers and plants, we are unable to accept returns on these products. All flower, plant and potted plant orders and subscriptions are final sale. All other merchandise except gift cards may be returned for exchange or store credit only, with a receipt and within 7 business days. Item(s) must be in original condition with all original packaging. Store credits expire within 6 months of issue. Returns/exchanges must be authorized prior to return and returned during store hours: Wednesday-Saturday, noon-6 pm. Please contact us at email@example.com to receive your authorization number. Delivery fees are non-refundable. You will need to pay any costs associated with returning these items.
La Bomba Floristry Gift Cards may only be redeemed towards the purchase of eligible products on www.labomba.ca. Purchases are deducted from the redeemer's Gift Card balance. If a purchase exceeds the redeemer's Gift Card balance, the remaining amount must be paid with another payment method. La Bomba Floristry Inc. or its affiliates ("we", "us", and "our") may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase.
Gift Cards, including any unused Gift Card balances, have no expiry. Gift Cards may not be redeemed for the purchase of products at any other website owned and operated by us, our affiliates, or any other person or entity, except as indicated by these terms and conditions. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
RISK OF LOSS
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
We will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on labomba.ca or any of its affiliated websites set forth above.
Gift Cards are issued by La Bomba Floristry Inc. All terms outlined in this Agreement apply. We reserve the right to change these terms and conditions from time to time at our discretion. All terms and conditions are applicable to the extent permitted by law.
It is the customer’s responsibility to ensure that the recipient is able to redeem the gift card and receive a delivery within the La Bomba Floristry delivery zone, prior to purchase.
AVAILABILITY AND SUBSTITUTION OF FRESH FLOWERS AND PLANTS
All floral and plant products are subject to availability. In the event of any supply difficulties or if the flowers or plants we have received from our growers that are needed to complete your order do not meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or superior) value and quality. If we are unable for any reason to make up a satisfactory replacement, we will provide a store credit for the full value of your order as above.
OFFERS AND PROMOTION CODES
At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for orders given before the offer introduction date or after the offer end date.
In the event that a customer has made an order and the price of the ordered product subsequently falls or is discounted owing to a special offer, the price of the product at the time of order shall prevail.
As our special offers are dependent on availability, we may change the terms of special offers, or withdraw them altogether, at any time, and without prior notice.
We also reserve the right, at our absolute discretion, to offer different personalized special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of our services, and are only available once to any one person.
Discounts and credits cannot be used in conjunction with any other offers.
Unless otherwise stated, we only allow one promotion code to be used per order.
CIRCUMSTANCES BEYOND OUR CONTROL
ADVERSE WEATHER CONDITIONS
Adverse weather conditions may prevent the delivery of orders on the date requested, by the time requested, or at all. As set out above, in such circumstances, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
La Bomba Floristry shall not be liable for late or non-delivery of any order if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, pandemic (iii) the act of any government or authority (including refusal or revocation of any license or consent or mandatory or voluntary suspension of operations due to government directive), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any other cause or circumstance whatsoever beyond La Bomba Floristry’s reasonable control.
Save as hereinbefore provided, whilst we will do our utmost to ensure that our services are uninterrupted and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of our services and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of our services impossible or impractical.
La Bomba Floristry will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using our services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. In addition, nothing in these Terms and Conditions affects your statutory rights.
LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF OUR PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL AND UNUSED, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. In no event will La Bomba Floristry or its affiliates be liable for any direct, special, indirect, incidental, consequential (including among other things, loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of use of our services.
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the La Bomba Floristry site and/or our services from time to time. We will post any changes on the La Bomba Floristry site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access our services or La Bomba Floristry site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.
Additionally, we reserve the right to suspend, restrict or terminate access to the La Bomba Floristry site and/or our services for any reason at any time. We will attempt to limit the frequency and duration of any such suspension or restriction and notify you where this will affect any ongoing subscription.
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the La Bomba Floristry site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
A person who is not a party to the agreement between you and us has no rights to enforce any of the Terms and Conditions.
In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
Your purchase will be deemed to have occurred in Canada. These Terms and Conditions will be governed by the laws of the Province of British Columbia, Canada.
Thank you for your order, and we hope your La Bomba Floristry experience will be a pleasurable one.
REGISTERED OFFICE AND TRADING ADDRESS
La Bomba Floristry Inc.
247 E Georgia St
- The Terms and Conditions were last modified January 2022 -