Terms & Conditions

Website: [www.gifttrees.ca]
Business Name: Gift Tree CA / Gift Tree / Gift Trees / we / us / our These Terms & Conditions govern your access to and use of our website, including any purchase of products through our website. By accessing our website, creating an account, or placing an order, you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree with these Terms & Conditions, you must not use this website.

1. Eligibility to Use Our Website

You may use our website only if you are legally capable of entering into binding contracts under applicable law. By placing an order, you represent and warrant that:

• you are at least the age of majority in your province or territory of residence, or have the consent of a parent or legal guardian where permitted by law;
  
• the information you provide is true, complete, and accurate;
  
• you are authorized to use the payment method provided; and
  
• your use of the website does not violate any applicable law or regulation.
  

We reserve the right to refuse service, suspend accounts, or cancel orders at our sole discretion where we reasonably suspect fraud, misuse, unauthorized activity, or breach of these Terms.

2. About Our Business Model

Gift Tree operates using a combination of direct retail, third-party fulfillment, and supplier-based fulfillment models. Some products may be stocked directly by us, while others may be fulfilled through third-party warehouses, distributors, or suppliers. By purchasing from us, you acknowledge that:

• products may be sourced from multiple suppliers;
  
• some products may be shipped separately;
  
• inventory availability may change after an order is placed;
  
• packaging, labeling, branding, and presentation may vary depending on the supplier or fulfillment route used.
  

3. Product Listings, Images, Descriptions, and Availability

We make reasonable efforts to ensure that product descriptions, images, specifications, dimensions, colours, materials, and availability are presented as accurately as possible. However:

• product photographs, mock-ups, renders, and lifestyle images are for general illustration only;
  
• actual products may differ from website images due to supplier updates, manufacturing changes, packaging revisions, batch differences, screen settings, lighting, or editing;
  
• dimensions, weights, textures, finishes, colours, patterns, and material composition may vary slightly or reasonably from what appears online;
  
• accessories, props, decorations, and display items shown in images are not included unless expressly stated in the product listing.
  

We do not guarantee that any product delivered will be identical in every respect to the website image or product description. All products are offered subject to availability. We may limit quantities, discontinue products, or remove listings at any time without notice.

4. Product Sourcing, Variations, and Substitute Fulfillment

Because we source products from multiple suppliers, we reserve the right, at our sole discretion, to fulfill an order using the same product or a substantially similar product from an alternate supplier where required by:

• stock shortages;
  
• supplier unavailability;
  
• manufacturing updates;
  
• discontinued items;
  
• changes in supplier packaging or branding;
  
• logistics or fulfillment constraints; or
  
• other operational reasons beyond our reasonable control.
  

Permitted variations may include differences in:

• branding;
  
• packaging;
  
• labeling;
  
• colour tone;
  
• finish;
  
• pattern placement;
  
• minor design details;
  
• dimensions within reasonable manufacturing tolerances;
  
• hardware;
  
• included accessories; and
  
• material composition.
  

Where reasonably practicable, we may notify you of a significant supply issue or substitution before dispatch. However, prior notice is not guaranteed in every case, particularly where a substantially similar substitute is supplied in order to complete your order efficiently. A product will not be considered faulty, not as described, or misrepresented solely because of a reasonable supplier-related variation permitted under these Terms, provided the item remains of substantially similar type, intended use, and approximate value.

5. Orders

When you place an order, you are making an offer to purchase the selected product(s) subject to these Terms. Receipt of an order confirmation email does not constitute acceptance of your order. It only confirms that we have received your order request. Your order is accepted only when we process the order and issue a dispatch confirmation, or otherwise confirm acceptance. We reserve the right, at any time before or after payment, to:

• refuse any order;
  
• cancel or limit quantities;
  
• decline transactions;
  
• request additional verification;
  
• split shipments;
  
• substitute substantially similar items in accordance with these Terms; or
  
• cancel any product or portion of an order where stock, supplier, pricing, fraud, or operational issues arise.
  

If we cancel an order or part of an order after payment has been received, we may issue a refund, store credit, exchange option, or other remedy at our discretion, subject to applicable law and these Terms.

6. Pricing

All prices displayed on the website are in Canadian Dollars (CAD) unless stated otherwise. We reserve the right to correct pricing errors, typographical errors, product information errors, or promotional errors at any time without notice. If an error affects your order, we may cancel the order or contact you with the option to proceed at the correct price. Prices may change at any time prior to order acceptance. Taxes, shipping, duties, or other charges may apply depending on the order and delivery location and will be shown at checkout where applicable.

7. Payment

By submitting payment details, you represent and warrant that:

• you are authorized to use that payment method;
  
• the payment information provided is accurate and complete; and
  
• you authorize us and our payment processors to charge the full order amount, including applicable shipping, taxes, and any approved additional charges.
  

We may use third-party payment processors. We do not store full payment card details unless expressly stated. All payments are subject to fraud screening, authorization, and verification. If payment is declined, reversed, charged back, disputed, or otherwise not completed, we may suspend fulfillment, cancel the order, recover costs, or refuse future transactions.

8. Shipping and Delivery

We ship to locations we choose to service. We may refuse delivery to certain regions, addresses, or order types at our discretion. Estimated delivery times are approximate only and are not guaranteed. Delays may occur due to:

• supplier processing times;
  
• stock availability;
  
• courier delays;
  
• weather events;
  
• customs or border issues;
  
• remote-area delivery conditions;
  
• incomplete address details; or
  
• other events beyond our reasonable control.
  

We are not liable for delivery delays caused by third-party carriers, customs, or circumstances outside our reasonable control. You are responsible for providing a complete and accurate delivery address. If an order is returned, lost, delayed, refused, abandoned, or misdelivered due to incorrect address details provided by you, we may charge additional shipping or handling fees before reshipment. Risk of loss or damage passes to you upon delivery to the address provided, or upon transfer to the courier where permitted by applicable law.

9. Tracking, Partial Shipments, and Third-Party Fulfillment

Some orders may ship in multiple parcels from different fulfillment locations or suppliers. Tracking may not be available for every product or every shipment segment. You acknowledge that packaging, dispatch origin, courier name, shipping label details, or branding on the parcel may differ from the website presentation or your expectations due to our supplier and fulfillment arrangements.

10. Returns, Exchanges, Store Credit, and Remedies

10.1 General Returns Policy

We may accept certain returns, exchanges, or store credit requests subject to this section, the product type, hygiene restrictions, supplier restrictions, and the condition of the goods. To request a return, exchange, or other remedy, you must contact us within the timeframe stated on the website or, if no timeframe is stated, within a reasonable time after delivery. You may be required to provide:

• your order number;
  
• proof of purchase;
  
• photographs or video of the product and packaging;
  
• details of the issue; and
  
• any other information reasonably requested by us for assessment.
  

We may reject a return or exchange request where:

• the item has been used, worn, washed, altered, damaged, or soiled after delivery;
  
• the product is returned without original packaging where packaging is material to the product;
  
• the return is incomplete;
  
• the issue is caused by misuse, improper care, or ordinary wear and tear;
  
• the variation complained of falls within the permitted variations described in these Terms; or
  
• the return does not comply with our posted process.
  

10.2 Change of Mind

Unless required by applicable law, change-of-mind returns are not guaranteed. Where we choose to accept a change-of-mind return:

• the item must be unused, in original saleable condition, and in original packaging;
  
• return shipping is at your cost;
  
• original shipping charges are non-refundable unless required by law; and
  
• any approved refund may be issued as store credit unless applicable law requires otherwise.
  

Clearance, final sale, personalized, hygiene-sensitive, intimate, perishable, consumable, or custom-made products may not be returned for change of mind.

10.3 Exchanges

Where stock and supplier availability permit, we may offer an exchange for the same item or a similar item. Exchanges are subject to product availability, supplier approval where relevant, and our operational discretion.

10.4 Faulty, Damaged, Incorrect, or Not-as-Described Items

If you believe a product is materially defective, materially damaged on arrival, or materially inconsistent with the core function of the product description, you must notify us promptly and provide supporting evidence. Where we determine that the product is genuinely faulty, materially damaged, or materially inconsistent with the core product description, we may, at our option and subject to applicable law:

• replace the product;
  
• provide a substantially similar replacement;
  
• repair the product where applicable;
  
• provide store credit; or
  
• provide a refund to the original payment method or another lawful form of refund.
  

For clarity, a product will not be treated as faulty, not as described, or misrepresented solely because of reasonable supplier-related variations permitted under Section 4.

10.5 Return Shipping

Unless required otherwise by applicable law, return shipping costs are your responsibility except where we confirm that the item is faulty, materially damaged on arrival, or materially incorrect. We recommend using a tracked shipping method. We are not responsible for items lost in return transit.

11. Store Credit

Where we issue store credit, it may be subject to:

• an expiry period stated at the time of issue;
  
• use only on our website;
  
• non-transferability unless we state otherwise; and
  
• deduction or cancellation where issued in error, obtained fraudulently, or reversed through chargeback or dispute.
  

12. Chargebacks and Payment Disputes

Before initiating a chargeback or payment dispute, you agree to contact us and provide a reasonable opportunity to review and respond to your concern. If you initiate a chargeback or payment dispute for an issue that is subject to our returns, delivery, or supplier variation policies, we reserve the right to provide these Terms, product records, fulfillment records, tracking records, and correspondence to the payment processor or card issuer in response. Where a chargeback is reversed in our favour, we may recover any associated fees or losses to the extent permitted by law.

13. Cancellations

Orders may be cancelled by us at any time before dispatch for reasons including stock issues, supplier issues, fraud concerns, pricing errors, payment verification problems, shipping restrictions, or operational issues. If you request cancellation, we will try to accommodate the request, but cancellation is not guaranteed once processing has begun, supplier orders have been placed, or shipment preparation is underway.

14. Customer Responsibilities

You agree that you will not:

• use the website unlawfully or fraudulently;
  
• interfere with the website’s operation or security;
  
• submit false information, impersonate another person, or use unauthorized payment details;
  
• reproduce, scrape, copy, resell, or exploit website content or products without authorization;
  
• upload malicious code, spam, or harmful material; or
  
• engage in abusive, threatening, defamatory, or harassing conduct toward our staff or service providers.
  

We may suspend access, cancel orders, or take further action where we reasonably believe this section has been breached.

15. Intellectual Property

All website content, including text, product descriptions, graphics, logos, icons, photographs, images, videos, layout, and branding, is owned by us or licensed to us and is protected by intellectual property laws. You may not copy, reproduce, distribute, modify, republish, transmit, display, create derivative works from, or commercially exploit any website content without our prior written consent.

16. Reviews, User Content, and Feedback

If you submit reviews, comments, photos, testimonials, ideas, suggestions, or other content to us or through the website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, display, adapt, and distribute that content in connection with our business. You warrant that any content you submit:

• is accurate;
  
• does not infringe any third-party rights;
  
• is not unlawful, defamatory, abusive, obscene, or misleading; and
  
• does not contain viruses or harmful code.
  

We may remove or refuse to publish any content at our discretion.

17. Promotions, Discounts, and Gift Cards

Promotions, coupon codes, gift cards, and special offers are subject to separate terms stated at the time of the offer. We may modify, suspend, or cancel any promotion at any time. Unless stated otherwise:

• promotions cannot be combined;
  
• promotions cannot be applied retrospectively;
  
• gift cards are non-refundable and not redeemable for cash except where required by law; and
  
• promotional misuse may result in cancellation of the affected order.
  

18. Disclaimer of Warranties

To the maximum extent permitted by law, the website and all products and services provided through it are supplied on an “as is” and “as available” basis. We do not guarantee that:

• the website will always be available, uninterrupted, secure, or error-free;
  
• product listings will always be complete, current, or error-free;
  
• supplier packaging, branding, or specifications will remain unchanged; or
  
• products will meet every subjective expectation of appearance, texture, or presentation.
  

Nothing in these Terms excludes any warranty or guarantee that cannot lawfully be excluded.

19. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, revenue, savings, opportunity, goodwill, or data, arising from or related to:

• your use of the website;
  
• any product purchased through the website;
  
• shipping delays, carrier failures, customs issues, or fulfillment interruptions;
  
• third-party supplier actions or omissions;
  
• product variations permitted under these Terms; or
  
• website downtime, errors, or unauthorized access.
  

To the maximum extent permitted by law, our total liability for any claim relating to a product or order is limited to the amount actually paid by you for that product or order. Nothing in these Terms limits liability that cannot be limited by law.

20. Indemnity

You agree to indemnify and hold harmless Gift Tree, its owners, directors, officers, employees, contractors, suppliers, agents, and affiliates from and against any claims, losses, liabilities, costs, expenses, or damages arising out of:

• your breach of these Terms;
  
• your misuse of the website;
  
• your violation of any law or third-party right; or
  
• any false, misleading, or unauthorized information you provide.
  

21. Privacy

Your use of our website is also governed by our Privacy Policy. We collect, use, store, and disclose personal information for purposes including:

• processing orders;
  
• fulfilling deliveries;
  
• customer support;
  
• fraud prevention;
  
• account administration; and
  
• legal compliance.
  

We may share information with payment processors, shipping carriers, service providers, and suppliers to the extent reasonably necessary to operate our business and fulfill your order. By using the website and placing an order, you consent to these practices as described in our Privacy Policy.

22. Third-Party Services and Links

Our website may contain links to third-party websites, apps, payment providers, couriers, or external services. We do not control and are not responsible for third-party content, policies, products, or services. Your use of third-party services is at your own risk and may be subject to separate third-party terms.

23. Force Majeure

We are not liable for any failure, delay, or interruption in performance caused by events beyond our reasonable control, including supplier failure, natural disasters, weather events, labor disruptions, war, civil unrest, governmental action, border restrictions, customs delays, cyber incidents, power failures, carrier disruptions, pandemics, or other force majeure events.

24. Changes to These Terms

We may update, modify, or replace these Terms at any time by posting the revised version on our website. The revised Terms take effect from the date of posting unless otherwise stated. Your continued use of the website or placement of an order after revised Terms are posted constitutes acceptance of those revised Terms.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of the province or territory of [Insert Province/Territory] and the applicable laws of Canada. You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the website, or any order shall be subject to the exclusive jurisdiction of the courts of [Insert Province/Territory], unless applicable consumer law requires otherwise.

26. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will remain in full force and effect.

27. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Returns Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the website and purchases made through it.

28. Contact Information

If you have questions about these Terms & Conditions, please contact us