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  • Terms of Service

    Last updated: June 6, 2026

    Overview

    Welcome to Philadelphia Baskets. The terms “we,” “us,” and “our” refer to Philadelphia Baskets. Philadelphia Baskets operates this website, BasketsPhiladelphia.com, including related information, content, features, tools, products, and services in order to provide customers with an online shopping, order fulfillment, and delivery experience for gift baskets, flowers, add-ons, and related products in the Greater Philadelphia / Delaware Valley region (the “Services”). BasketsPhiladelphia.com is powered by Shopify, which enables us to provide the Services to you.

    These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access, browse, purchase from, or otherwise use the Services.

    Please read these Terms of Service carefully. They include important information about your legal rights and responsibilities, including warranty disclaimers, limitations of liability, order terms, delivery terms, restricted product terms, and other conditions that apply to your use of the Services.

    By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

    Section 1 - Access and Account

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your applicable jurisdiction and that you have the legal capacity to enter into these Terms.

    To use the Services, including browsing this website or purchasing products, you may be asked to provide certain information, such as your name, email address, phone number, billing information, payment information, shipping information, recipient information, delivery instructions, and other order-related details. You represent and warrant that all information you provide through this website is accurate, current, complete, and provided with all necessary rights and permissions.

    You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Services and for all activity that occurs under your account. We reserve the right to suspend, restrict, or terminate access to an account or order where we reasonably believe the account or order information is inaccurate, unauthorized, fraudulent, incomplete, or otherwise in violation of these Terms.

    Section 2 - Our Products

    We make reasonable efforts to describe and display products accurately on this website. However, product colors, packaging, arrangement, presentation, dimensions, and appearance may vary from how they appear on your screen due to your device, display settings, photography, lighting, product availability, supplier differences, and preparation requirements.

    Product descriptions, images, prices, availability, product contents, packaging, delivery availability, and related information may change at any time without notice at our discretion.

    Gift baskets are prepared using available products, packaging, and presentation materials. Because products may include food, beverages, flowers, alcohol where permitted, seasonal items, perishable items, specialty goods, or third-party branded products, substitutions may be made when necessary. When substitutions are made, we aim to maintain the overall intent, value, and presentation of the selected product.

    Product images may include examples of style, format, packaging, or presentation and may not reflect exact final contents in every case. Specific contents may vary based on availability, delivery timing, recipient location, and applicable legal restrictions.

    Section 3 - Orders

    When you place an order through this website, you are making an offer to purchase the selected products and services. Philadelphia Baskets reserves the right to accept, decline, cancel, or limit an order for any reason at its discretion, including product availability, delivery availability, payment issues, suspected fraud, inaccurate information, restricted product concerns, or inability to fulfill or deliver the order as requested.

    Your order is not accepted until Philadelphia Baskets confirms acceptance or begins processing the order. We must receive and process payment before an order is accepted or fulfilled.

    Please review your order carefully before submitting it. You are responsible for ensuring that all buyer, recipient, delivery, billing, product, gift-message, and contact information is accurate and complete. Philadelphia Baskets may be unable to accommodate cancellation requests, edits, delivery changes, message changes, or product changes after an order is accepted or once preparation, fulfillment, routing, or delivery coordination has begun.

    If you provide recipient information or a personalized message, you represent that you have the right to provide that information and that the information does not violate applicable law, third-party rights, or these Terms.

    Section 4 - Prices and Billing

    Prices, discounts, promotions, and product availability are subject to change without notice. Unless otherwise expressly stated, posted prices do not include taxes, delivery fees, shipping charges, handling charges, service fees, or other applicable charges.

    You agree to provide current, complete, and accurate billing and payment information. By submitting payment information, you authorize us and our payment processors to charge the applicable payment method for the order total and any applicable taxes, delivery charges, fees, or other amounts associated with your order.

    We reserve the right to correct pricing errors, cancel orders affected by pricing errors, refuse orders, limit quantities, or update inaccurate billing or product information at any time, including after an order has been submitted.

    Section 5 - Shipping and Delivery

    Philadelphia Baskets provides delivery within the Greater Philadelphia / Delaware Valley region. Delivery availability is confirmed at checkout based on the recipient’s location, product availability, delivery capacity, applicable restrictions, and other operational factors.

    Philadelphia Baskets operates on a next-day delivery model. Orders placed before 2pm ET are scheduled for next-day delivery where delivery is available, payment is processed, information is complete, and fulfillment is possible. This cutoff does not create a guaranteed delivery time or guaranteed delivery window.

    Delivery dates, delivery windows, shipping times, routing times, and transit times are estimates only and are not guaranteed unless expressly stated otherwise in writing by Philadelphia Baskets.

    We are not responsible for delivery delays, failed delivery attempts, or delivery issues caused by couriers, delivery partners, weather, traffic, road conditions, building access issues, recipient unavailability, incorrect or incomplete delivery information, security restrictions, business closures, recipient refusal, force majeure events, or other circumstances outside our reasonable control.

    Customers are responsible for providing complete and accurate recipient information, including recipient name, delivery address, phone number, company name, building name, suite or unit number, access instructions, and any relevant delivery details. Additional fees, delays, substitutions, cancellation, or non-delivery may result from incomplete, inaccurate, or unavailable delivery information.

    Some products may require recipient availability, safe delivery conditions, age verification, adult signature, or other delivery requirements. If a delivery cannot be completed because these requirements are not met, additional charges or limitations may apply.

    Section 6 - Alcohol and Restricted Products

    Some products or add-ons may include alcohol or other restricted items where permitted by applicable law. Alcohol availability depends on product availability, recipient location, delivery rules, service provider requirements, age restrictions, and applicable federal, state, local, and municipal laws.

    By purchasing any product containing alcohol, you represent and warrant that you, the purchaser, and the recipient are of legal drinking age and that the order complies with all applicable laws. Alcohol deliveries may require adult signature, age verification, recipient identification, or additional delivery requirements.

    We reserve the right to remove, substitute, decline, or cancel any alcohol or restricted product where legally required, operationally necessary, or otherwise appropriate. If alcohol or a restricted product cannot be included or delivered, substitutions, refunds, order adjustments, or cancellation may be handled at our discretion and subject to applicable law.

    You may not purchase alcohol or restricted products for a recipient who is under the legal drinking age, unavailable to receive the delivery where required, located in a restricted area, or otherwise prohibited from receiving such products.

    Section 7 - Perishable and Availability-Sensitive Products

    Some products may include flowers, food items, beverages, chocolate, fruit, baked goods, or other perishable or availability-sensitive items. These items may be affected by temperature, seasonality, supply availability, delivery timing, recipient availability, storage conditions, and other factors.

    We may substitute, modify, or adjust perishable or availability-sensitive items when necessary to fulfill an order. When substitutions are made, we aim to maintain the overall intent, value, and presentation of the selected product.

    Customers and recipients are responsible for receiving, storing, and handling delivered products appropriately after delivery. Philadelphia Baskets is not responsible for product deterioration, spoilage, damage, or quality issues arising after delivery due to delayed retrieval, improper storage, recipient unavailability, weather exposure, building access issues, or other circumstances outside our control.

    Section 8 - Intellectual Property

    The Services, including this website, text, product descriptions, images, graphics, logos, trademarks, service marks, trade names, displays, page layouts, design elements, reviews, video, audio, software, code, and the selection and arrangement of such materials, are owned by Philadelphia Baskets, its affiliates, service providers, suppliers, or licensors and are protected by applicable intellectual property laws.

    You may not copy, reproduce, distribute, modify, publish, transmit, display, create derivative works from, sell, license, scrape, or otherwise exploit any part of the Services without our prior written permission, except as permitted by applicable law.

    Section 9 - Optional Tools

    You may be provided with access to customer tools, widgets, apps, or features offered by third parties as part of the Services, including order tracking tools, support widgets, payment tools, delivery tools, or other ecommerce functionality. We do not fully control all third-party tools and are not responsible for their availability, accuracy, operation, performance, security, or accessibility.

    Your use of third-party tools may be subject to additional terms, policies, or privacy practices provided by the applicable third party.

    Section 10 - Third-Party Links

    The Services may contain materials, content, tools, apps, or hyperlinks to websites or platforms provided or operated by third parties. We are not responsible for examining or evaluating third-party materials or websites and are not liable for any third-party content, products, services, policies, or practices.

    If you access a third-party website or service through this website, you do so at your own risk and should review the applicable third-party terms and privacy policies.

    Section 11 - Relationship with Shopify

    BasketsPhiladelphia.com is powered by Shopify, which enables us to provide ecommerce functionality and related Services. However, any sales and purchases made through this website are made directly with Philadelphia Baskets, unless otherwise stated.

    Shopify may provide hosting, checkout, payment, account, analytics, fraud prevention, and related ecommerce services in connection with this website. Your use of Shopify-powered features may also be subject to Shopify’s applicable terms, policies, and privacy practices.

    Section 12 - Privacy Policy

    All personal information collected through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be processed by Shopify, payment processors, delivery partners, support providers, fulfillment providers, analytics providers, and other service providers in accordance with their respective roles and applicable law.

    Section 13 - Feedback

    If you submit ideas, suggestions, feedback, reviews, proposals, plans, photos, comments, or other content to us, you grant Philadelphia Baskets a perpetual, worldwide, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from such feedback or content in any medium for any lawful purpose, including business, operational, customer service, quality assurance, and commercial purposes.

    You represent and warrant that any feedback or content you submit does not violate the rights of any third party and does not contain unlawful, defamatory, abusive, obscene, misleading, infringing, or otherwise inappropriate material.

    Section 14 - Errors, Inaccuracies and Omissions

    Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions, including information related to product descriptions, pricing, promotions, offers, product availability, delivery availability, delivery timing, product contents, images, or charges.

    We reserve the right to correct errors, inaccuracies, or omissions and to change, update, decline, or cancel orders if any information in the Services or an order is inaccurate at any time without prior notice, including after an order has been submitted.

    Section 15 - Prohibited Uses

    You may access and use the Services for lawful purposes only. You may not access or use the Services:

    • For any unlawful, fraudulent, abusive, harmful, misleading, or unauthorized purpose
    • To violate any applicable federal, state, local, municipal, or international law or regulation
    • To infringe or violate our intellectual property rights or the intellectual property rights of others
    • To submit false, inaccurate, misleading, incomplete, or unauthorized buyer, billing, payment, recipient, delivery, or contact information
    • To purchase alcohol or restricted products unlawfully or for an ineligible recipient
    • To transmit malicious code, viruses, malware, worms, or other harmful technology
    • To interfere with or disrupt the security, operation, functionality, or performance of the Services
    • To scrape, crawl, copy, harvest, or extract data from the Services without authorization
    • To harass, abuse, insult, harm, defame, intimidate, discriminate, or threaten others
    • To submit content that is unlawful, obscene, defamatory, misleading, abusive, infringing, or otherwise objectionable
    • To attempt to bypass payment, checkout, delivery, age verification, security, fraud prevention, or access controls

    We reserve the right to terminate or restrict your use of the Services or cancel orders for violating any prohibited use.

    Section 16 - Termination

    We may terminate, suspend, restrict, or refuse your access to the Services, cancel or refuse orders, or terminate this agreement at any time and without notice where we determine, in our discretion, that you have violated these Terms, provided inaccurate information, engaged in fraud or abuse, violated applicable law, created risk for the Services or others, or otherwise used the Services inappropriately.

    Any obligations and liabilities incurred before termination will survive termination where appropriate, including payment obligations, intellectual property restrictions, disclaimers, limitations of liability, indemnification obligations, and other provisions that by their nature should survive.

    Section 17 - Disclaimer of Warranties

    The Services and products offered through the Services are provided “as is” and “as available,” except as expressly stated by Philadelphia Baskets in writing.

    To the fullest extent permitted by applicable law, Philadelphia Baskets disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and uninterrupted or error-free operation.

    We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components, or that any product, delivery, substitution, third-party service, app, tool, or website feature will meet your expectations in every circumstance.

    Section 18 - Limitation of Liability

    To the fullest extent permitted by applicable law, Philadelphia Baskets and its affiliates, partners, officers, directors, employees, agents, contractors, suppliers, fulfillment providers, delivery partners, service providers, licensors, and Shopify shall not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from or related to your use of the Services, products, orders, deliveries, third-party tools, or these Terms.

    To the fullest extent permitted by applicable law, our total liability for any claim arising out of or related to the Services, products, orders, deliveries, or these Terms shall not exceed the amount paid by you for the specific order giving rise to the claim.

    Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

    Section 19 - Indemnification

    You agree to indemnify, defend, and hold harmless Philadelphia Baskets, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, suppliers, fulfillment providers, delivery partners, service providers, and licensors from and against any claims, demands, damages, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms, your use of the Services, your order, your violation of law, your violation of third-party rights, your submission of inaccurate information, your gift-message content, or your purchase or attempted purchase of restricted products in violation of applicable requirements.

    Section 20 - Severability

    If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. The remaining provisions shall remain valid and enforceable.

    Section 21 - Waiver; Entire Agreement

    The failure of Philadelphia Baskets to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

    These Terms, together with any policies or operating rules posted by us on this website or referenced in these Terms, constitute the entire agreement between you and Philadelphia Baskets regarding the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us regarding the Services.

    Section 22 - Assignment

    You may not transfer or assign these Terms or any rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice, including in connection with a business transaction, reorganization, merger, acquisition, sale of assets, or change in control.

    Section 23 - Governing Law

    These Terms shall be governed by the laws applicable in the jurisdiction where Philadelphia Baskets is headquartered, without regard to conflict of law principles, unless a different governing law is required by applicable consumer protection law.

    Because no specific legal entity jurisdiction has been provided in these Terms, customers should refer to the business information made available on this website or contact us for additional information where required.

    Section 24 - Changes to Terms of Service

    We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to this website. The updated version will be effective when posted, unless otherwise stated.

    Your continued access to or use of the Services after any changes are posted constitutes acceptance of the updated Terms. You are responsible for reviewing these Terms periodically.

    Section 25 - Contact Information

    If you have questions about these Terms of Service, please contact Philadelphia Baskets through the Contact Us page on this website or by calling (267) 412-5860.