STANDARD TERMS AND CONDITIONS OF SALE

1. The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
2. Our invoices are payable the same day, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, Every Mile Gifts reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. Every Mile Gifts will be authorized to suspend any provision of services without prior warning in the event of late payment.
3. If a payment is still outstanding more than seven (7) days after the due payment date, Every Mile Gifts reserves the right to call on the services of a debt recovery company. All legal expenses and any fees related to the recovery of the outstanding amount will be payable by the client.
4. Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances will Every Mile Gifts be involved in any costs related to a country's legislation. The full amount of the invoice will therefore be due to Every Mile Gifts and does not include any costs or deductions related to the legislation of the country in which the client is located.
5. Every Mile Gifts undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as an obligation to achieve specific results. Under no circumstances will Every Mile Gifts be held liable for any indirect or consequential losses or damages. Furthermore, Every Mile Gifts cannot under any circumstances be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer or any third party.
6. In the event that Every Mile Gifts is unable to fulfill its obligations due to an event outside its reasonable control, including but not limited to acts of God, government restrictions, natural disasters, pandemics, or supply chain disruptions, Every Mile Gifts shall not be liable for any delay or failure to perform. Such events shall constitute force majeure.
7. In order for it to be admissible, Every Mile Gifts must be notified of any claim by means of a letter sent by recorded delivery to its registered office and via email within five (5) days of the delivery of the goods or the provision of the services. Failure to provide timely notification shall result in the claim being deemed waived by the client.
8. In the event of any dispute or legal proceedings between Every Mile Gifts and the client, the liability of Every Mile Gifts shall be limited to the amount of the invoice(s) in question. Under no circumstances shall the personal assets of the partners of Every Mile Gifts be subject to claims, except in cases of proven fraud or gross negligence.
9. Every effort is made to accurately describe the products contained in our gift baskets. However, due to product availability or seasonal changes, substitutions of equal or greater value may be made without notice. Every Mile Gifts will ensure that the substituted items are of a similar nature and quality to those originally listed.
10. Every Mile Gifts takes great care in selecting the products for its gift baskets. However, many items may contain or be produced in facilities that process common allergens, including but not limited to nuts, dairy, gluten, and soy. The client acknowledges and accepts full responsibility for verifying all ingredients before consumption. Every Mile Gifts shall not be liable for any allergic reactions or health issues arising from the consumption of items in the gift baskets.
11. Gift baskets containing perishable items must be opened and refrigerated upon receipt. Every Mile Gifts is not responsible for the condition of perishable items if delivery is delayed or if the recipient fails to promptly accept and properly store the items upon delivery. All delivery timeframes are estimates and subject to change due to external factors.
12. Due to the nature of our products, Every Mile Gifts does not accept returns on any food items or opened gift baskets. In the unlikely event that any product arrives damaged or defective, please notify us within 24 hours of receipt, and we will provide a replacement or refund at our discretion.
13. Custom or personalized gift baskets cannot be canceled once the order is confirmed. All sales on custom orders are final. Any request for changes must be made within 24 hours of order placement and is subject to approval.
14. Every Mile Gifts is not responsible for the quality or condition of perishable goods once they have been delivered and accepted by the client or recipient. All claims related to the condition of perishable goods must be made within 24 hours of receipt.
15. All intellectual property, including trademarks, logos, content, and designs provided by Every Mile Gifts, remain the property of Every Mile Gifts unless otherwise agreed in writing. Unauthorized use, reproduction, or distribution is strictly prohibited and will be subject to legal action.
16. All our contractual relations will be governed exclusively by Canadian law. Any dispute arising from or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
17. These terms and conditions, along with any written agreements entered into between Every Mile Gifts and the client, constitute the entire agreement between the parties. No oral or implied agreements shall be binding unless specifically agreed to in writing. In the event any provision of these terms and conditions is found to be unenforceable, the remaining provisions shall remain in full force and effect.