Terms and Conditions of Sales
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO PURCHASING. YOUR PURCHASES ARE GOVERNED BY THESE TERMS AND CONDITIONS AND INDICATE THAT YOU AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED ON THIS SITE. THIS SALE AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN warwickdahlias.com AND THE CUSTOMER. IF YOU DO NOT UNDERSTAND ANY OF THE TERMS CONTAINED HEREWITH, PLEASE CONTACT A COMPANY REPRESENTATIVE PRIOR TO MAKING A PURCHASE.
Bullying and Harassment We provide a workspace that all workers are to be treated in a fair and respectful manner. Warwick Dahlias reserves the right to refuse service to any customer engaging in what is perceived by our employees as bullying and/or harassment. All forms of bullying or harassment including online, will not be accepted and/or tolerated in our workplace. Examples that might constitute bullying and harassment include physical or verbal aggression or insults, derogatory name calling, and/or spreading malicious rumors.
These Terms and Conditions may be amended at any time without prior notice, by publication of the amended terms below. Your use of this website following any amendments constitutes your agreement to follow and be bound by the changed Terms and Conditions. As a result, we suggest that you review these Terms and Conditions prior to each one of your purchases.
Dahlia Tuber Guarantee
We sell quality single-division tubers, each having at least one viable eye, which is suitable for planting. Our tuber guarantee extends true to name ONLY. If a customer receives a misnamed dahlia we must be notified by September 1st of the year the order was placed. This rarely happens and we apologize in advance, but once it is established that a misnamed dahlia was sent by mistake, we will ship the correctly named dahlia tuber the following growing season. In the case that the misnamed dahlia is no longer grown by Warwick Dahlias, Warwick Dahlias will issue a refund for the original cost of the misnamed dahlia, upon notification of the error.
Dahlia Tuber Refund Policy
We do not issue dahlia tuber refunds for any reason other than damage that may occur to dahlia tubers during shipping. Upon receiving your order inspect it immediately. If dahlia tubers are mishandled or mistreated by the customer when unpacking Warwick Dahlias cannot be held liable for resulting damage caused to them. To report tubers that have been damaged during shipping you must contact us via email (warwickdahlias@gmail.com) within 3 days of the confirmed delivery date. Warwick Dahlias requests photographs demonstrating the damage of the tubers, with clear markings that it is a Warwick Dahlia tuber. Photos must include close up photos of the product demonstrating the damage. If the photos submitted do not demonstrate the damage a credit will not be issued. Credit is only given for the exact number of items affected. We will not offer refunds unless these conditions are met. We do not refund any electronic processing fees that were attached to the original transacation. Once dahlia tubers are in your possession, we can NOT be held responsible for improper storage, weather & growing conditions, pest damage, or plant performance. If the shipping order address is sent to a mailbox, the 3 day period begins on the confirmation of delivery date. Planting directly into the garden when it’s the correct planting time for your area, will give you the best results.
When a refund is issued for damaged tubers due to shipping errors it will automatically go back to the original form of payment used for the purchase. If we are unable to refund the original credit card an etransfer will be issued. Refunds processed to your credit card can take 7-10 days to be processed by your credit card issuer. Please contact your credit card company if you have questions regarding the processing of your refund once you have received confirmation from us that the refund was processed and initiated.
Dahlia Tuber Shipping
Full payment is required of all orders prior to shipping or pickup, any order that has been placed that is to be shipped and the shipping charges have not been paid in full will be cancelled. Orders are shipped by Canada Post using Expedited shipping. Our shipping/handling costs are calculated on the average costs from our previous season plus any increases that Canada Post has put in place for the current shipping year, which results in shipping fees to fluctuate yearly. All shipping fees are non-refundable. Customers who wish to arrange other shipping arrangements must give Warwick Dahlias 14 days advance notice prior to placing an order. If orders are to be picked up via courier service, that must be arranged by the customer, however Warwick Dahlias will set the day and time in which the pickup can occur. At no time will tuber orders be shipped or picked up by a courier service prior to the current years shipping dates.
The 2023 shipping rates are as follows:0 to $50.00 – $16.00, $50.01 – $90.00 – $24.00, $90.01 – $130.00 – $30.00, $130.01 – $175.00 – $38.00, $175.01 and over – $45.00
Dahlia Tuber Limits
We reserve the right to limit certain dahlia tubers to one per mailing address. Any customer who places multiple orders for limited products, will only receive one of the limited items, and all other orders will be cancelled minus a $5 fee for processing the cancelled orders. Limited items will be clearly marked on its product page.
Peony/Rose Guarantee
We sell quality potted roses and potted peonies, each being a viable product. Our potted peony/rose guarantee extends true to name ONLY. If a customer receives a misnamed potted peony or potted rose we must be notified by September 1st of the year the order was placed. Once it is established that a mistake has been made, Warwick Dahlias will issue a refund for the original cost of the misnamed item. Once potted roses and peonies are in your possession, we can NOT be held responsible for improper care, weather & growing conditions, pest damage, or plant performance. Potted Roses and Peonies should not be left in the pots, we absolutely do not guarantee any that are left to grow in pots.
Price Changes
Warwick Dahlias reserves the right to amend prices and availability on the website due to errors or omissions without notice. Prices are correct at time of publication but may change without notice with the exception of confirmed orders.
Fresh Floral Guarantee
Warwick Dahlias flowers are delivered fresh direct from the farm to you. The flowers you receive are cut within 24 hours of delivery. High quality control procedures are followed to ensure flowers are delivered under optimal conditions. In a limited number of cases, certain flowers may not be available for harvest depending on weather. In instances of inclement weather or factors resulting from Mother Nature, flower quality and quantity may be affected, and we will be unable harvest. The decision to harvest is made by the grower and necessary to ensure only premium quality flowers are made available for you. If this happens Warwick Dahlias will notify the customer as soon as possible so alternate plans may be made.
To prevent stress for planned events, Warwick Dahlias strongly recommends scheduling fresh flowers for planned events at least 14 days ahead of the event date. All reserved floral must be placed within 7 days prior of the intended delivery date. For further information on scheduling reserved flowers, please contact Warwick Dahlias.
Delivery of Fresh Flora’s
Unless otherwise indicated, your flowers will be delivered via delivery service.
Delivered flower orders may become delayed due to other non-controllable factors. These include:
- a) Delivery Service delays resulting from mechanical, weather, logistical or other related external or internal forces
- b) Incorrect shipping address entered at the time of order placement, or re-routing request made by the customer. Warwick Dahlias is not responsible for delayed delivery resulting from inaccurate information given such as incorrect delivery address, use of PO Box address, phone number, email address, etc. Such information is necessary in the event Warwick Dahlias or the delivery service needs to contact you regarding the delivery. As a result, returns or claims cannot be honored in such instances.
- c) Lack of a recipient presence at the delivery address at the time of delivery. We highly recommend that you have someone available to receive the order at the time of delivery. Warwick Dahlias must be notified prior to delivery if there is to be no recipient to receive the order. In these instances it is necessary for a floral vessel containing water to be clearly visible for the fresh floral to be placed into. If this condition is not met the floral order will not be left/delivered. When flowers are left outdoors unattended for more than 5 minutes during extreme (cold/hot) weather conditions, flower performance can be affected and therefore claims resulting from unattended orders cannot be honored. Claims made from flower wilting due to door drop-off or lack of hydration upon arrival cannot be honored.
- d) Other uncontrollable factors due to government, war, civil disorder, fire or acts of God
Fresh Floral Claims, Refunds
Please check your flowers upon delivery. If any quality problems, shortages, or wrong product is detected the customer must report it to Warwick Dahlias within 24 hours of receipt of the ordered product. If you are unsatisfied with your order report it immediately to Warwick Dahlias. Claims will only be considered on the same day that flowers are received.
While product issues are rare, should you experience a problem with your order at the time of delivery you are required to contact Warwick Dahlias on the same day of order delivery Contact Warwick Dahlias via email warwickdahlias@gmail.com. ALL claims will be reviewed before being processed NO EXCEPTIONS. Warwick Dahlias will replace product or issue a refund when policy is followed. Claims made after events cannot be considered. To submit a claim Warwick Dahlias requests photographs demonstrating the damage of the issue experienced, or Warwick Dahlias can request the product to be returned. Photos must include the following: a photo of the entire order received. Close up photos of the product demonstrating the problem. If the photos submitted do not demonstrate the issue showing the exact number of stems affected, credit will not be issued. Credit is only given for exact number of stems affected.
Pick up Orders
All pick up orders must be paid in full prior to pick up. Pick up orders from the Warwick Farm must be picked up on the scheduled day that has been chosen by the customer. Freshness of product can no longer be warranted on fresh cut flowers should pickup be made the following day. For pick up orders, once the fresh floral have been accepted by the customer, or the customer’s agent, Warwick Dahlias is no longer responsible for any damage after it leaves our farm.
If the product is mishandled or mistreated by the customer when unpacking or arranging the flowers Warwick Dahlias cannot be held liable for resulting damage caused to the product. While Warwick Dahlias guarantees against product freshness or defect upon the receipt of the order, flower performance is not subsequently warranted. Therefore, open blooms cannot be guaranteed with a stated period of time due to uncontrollable factors such as care and handling and ambient temperature following delivery, breed characteristics and Mother Nature. Customers are responsible for familiarity with fresh cut flowers, foliage and other floral goods as well as their proper use. If you have any questions regarding proper use of our products, please contact Warwick Dahlias.
Customer change or cancellation order request. Order changes must be made at least 7 days prior to pick up of the scheduled order date. In the event a customer cancels an order within 5 days of the scheduled pick up date, a 10% cancelation processing fee will be assessed. Fresh Floral orders placed within 2 days of the delivery date unfortunately cannot be cancelled as orders are immediately processed. Cancellation fees are applied to cover credit card processing fees, and processing overhead.
While Warwick Dahlias will honor claims when the policy has been met by replacing flowers or providing a refund, Warwick Dahlias is not responsible for customer or related party expenses arising from the loss or non-performance of faulty product.
Copyright, Trademarks, Patents, License and Site Access
Content, information, images, text, graphics, photos, exclusive products, logos, symbols, and marketing and advertising ideas and concepts provided on warwickdahlias.com are protected by federal Copyright laws. Warwick Dahlias content cannot be used for commercial purposes. Requests to use images or website content for non-commercial purposes must be made in writing. Any violations of these terms will result in prosecution to the fullest extent permitted under Federal law.
Terms of Payments
The company accepts, most credit and debit cards for purchase of products, and etransfers.
Security
All merchants processing, transmitting, or storing credit card data are required to comply with the Payment Card Industry (PCI) Data Security Standard. Rest assured that Warwick Dahlias has met the required standards to ensure safe processing practices. During purchase, your credit card number is sent secure to the merchant processing provider. Warwick Dahlias does not store your credit card number. When emailing Warwick Dahlias, please do not send your credit card information.
Warwick Dahlias reserves the right to confirm that the credit card number and information provided online is accurate. Warwick Dahlias will not deliver product that has been purchased with cards reported lost or stolen.
If a purchase was made using your credit card without your authorization, please report this incident to your credit card company immediately. Federal law limits your responsibility for unauthorized charges to $50. In most cases, however, credit card providers waive this amount.
Disclaimer of Liability
THE SERVICES PROVIDED BY Warwick Dahlias ARE PROVIDED “AS IS.” THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. UNDER NO CIRCUMSTANCES SHALL THE USER HOLD THE COMPANY OR ANY OF ITS AGENTS, CONTRACTORS OR REPRESENTATIVES RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO DELAYS, LOSS OF INFORMATION, DELAYS IN THE INSTALLATION OR PROVISIONING PROCESS, OR INTERRUPTIONS IN THE SERVICES CAUSED BY THE USER, THE COMPANY OR A THIRD PARTY’S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. USER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF US. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. THE COMPANY RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A USER AT ANY TIME WITHOUT CAUSE.
Entire Agreement
The Terms and Conditions, the Acceptable Use Policy and the Privacy Policy contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by the Company. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Venue/Choice of Law
These Terms and Conditions shall be construed in accordance with the laws of the Province of British Columbia (excluding rules regarding conflicts of law) and Canada. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Provincial Courts of British Columbia.
Severability
In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.
Indemnification
User shall indemnify and hold the Company harmless against any and all claims, losses, damages and liabilities sustained by User resulting from, rising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions.