Terms of Service

Last updated: June 6, 2026

Overview

Welcome to The North Pole Company. The terms “we,” “us,” and “our” refer to The North Pole Company. The North Pole Company operates NorthPoleCompany.ca, including related information, content, features, tools, products, and services, in order to provide customers with an online shopping, gifting, and order fulfillment experience for Christmas gift baskets in Canada (the “Services”). NorthPoleCompany.ca is powered by Shopify, which enables us to provide the Services.

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 and cover areas such as product availability, substitutions, order acceptance, delivery, warranty disclaimers, and limitations of liability.

By visiting, interacting with, purchasing from, or 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 authority to use the Services and place orders through this website.

To use the Services, including browsing this website, placing an order, sending a Christmas gift basket to a recipient, using checkout, or contacting customer support, you may be asked to provide certain information, including your name, email address, 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 lawfully provided, and that you have all rights necessary to provide any recipient information, delivery instructions, gift-message information, or other details submitted with an order.

You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Services and for all activity under your account where account functionality is available.

Section 2 - Our Products

The North Pole Company offers Christmas gift baskets and seasonal holiday assortments during the Christmas season. Product availability may vary based on seasonal inventory, fulfillment capacity, delivery location, and applicable laws.

We make reasonable efforts to provide accurate product descriptions, images, prices, contents, availability, and related information. However, product colors, packaging, appearance, presentation, and arrangement may differ from how they appear on your screen due to device settings, photography, lighting, availability, and seasonal presentation differences.

Product descriptions, images, prices, availability, contents, packaging, and related information are subject to change at any time without notice at our discretion.

Because Christmas gift baskets may include food, beverages, alcohol where permitted, seasonal items, perishable items, specialty goods, and third-party branded products, substitutions may be made when necessary.

Because holiday inventory is seasonal and high-demand, substitutions may be made when necessary. In all cases, we ensure the overall holiday theme, value, and presentation are maintained, using our judgment to deliver a complete and thoughtfully prepared Christmas gift.

Personalized greeting messages may be included with orders where available. You are responsible for the content, spelling, accuracy, and appropriateness of any gift message or recipient information you provide.

Section 3 - Orders

When you place an order through this website, you are making an offer to purchase the selected product or products. The North Pole Company reserves the right to accept, decline, cancel, limit, or refuse any order for any reason, including product availability, payment issues, suspected fraud, delivery limitations, recipient-location restrictions, regulated-product restrictions, or errors in pricing or product information.

Your order is not accepted until we confirm acceptance. We must receive and process payment before an order is accepted, prepared, fulfilled, or delivered.

Please review your order carefully before submitting it, including product selection, quantity, billing details, recipient name, delivery address, phone number, delivery instructions, gift message, delivery date, and available service options. We may be unable to accommodate cancellation, address-change, delivery-change, or message-change requests after an order is accepted or once preparation, fulfillment, or delivery coordination has begun.

For orders being sent to a recipient other than the buyer, you are responsible for ensuring that the recipient information is accurate and that the recipient can receive the order at the provided delivery location.

Section 4 - Prices and Billing

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

You agree to provide current, complete, and accurate billing and payment information. You authorize us and our payment service providers, including payment services made available through Shopify, to process payment for your order and any applicable taxes, fees, or charges.

If payment is declined, reversed, disputed, incomplete, or otherwise unavailable, we may decline, suspend, cancel, or delay the related order.

Section 5 - Shipping and Delivery

The North Pole Company provides Christmas gift basket delivery across Canada during the Christmas season, with available delivery options shown at checkout based on the recipient’s address, selected product, seasonal capacity, and applicable service availability.

Same-day delivery is available in the Greater Toronto Area and Greater Vancouver Area during the Christmas season for eligible Christmas gift baskets. Same-day orders must be placed by 11am ET for the Greater Toronto Area and by 11am PT for the Greater Vancouver Area. Same-day availability depends on recipient location, product eligibility, seasonal inventory, delivery capacity, and checkout confirmation.

Delivery dates, delivery windows, shipping times, same-day delivery availability, and transit times are estimates only and are not guaranteed unless expressly stated otherwise in writing by The North Pole Company.

We are not liable for shipping or delivery delays, failed delivery attempts, or delivery issues caused by carriers, couriers, delivery partners, weather, traffic, road conditions, building access issues, security desks, concierge restrictions, recipient unavailability, incorrect or incomplete delivery information, sender error, customs or regulatory requirements where applicable, force majeure events, or other circumstances outside our reasonable control.

Where a delivery cannot be completed due to incorrect information, recipient unavailability, restricted access, refusal of delivery, or other recipient-side or sender-side issues, additional delivery fees, replacement fees, redelivery fees, or cancellation limitations may apply where permitted by law and our posted policies.

Section 6 - Alcohol and Restricted Products

Some Christmas gift baskets or add-ons may include alcohol or other restricted products where permitted by applicable law. Alcohol availability depends on recipient location, product availability, delivery rules, age-verification requirements, and applicable federal, provincial, territorial, or local laws.

By purchasing any product containing alcohol, you represent that you, the purchaser, and the intended recipient are of legal drinking age in the applicable jurisdiction and that the order complies with all applicable laws.

Alcohol deliveries may require adult signature, proof of age, recipient identification, or other delivery requirements. If age verification cannot be completed or the delivery cannot lawfully be made, the order may be delayed, refused, cancelled, returned, or otherwise handled according to applicable law and our policies.

We reserve the right to refuse, cancel, modify, or restrict orders containing alcohol or regulated products where required or appropriate based on applicable law, product availability, delivery location, recipient eligibility, or delivery-provider requirements.

Section 7 - Perishable and Seasonal Products

Some products may include perishable food items, seasonal goods, or products with limited availability. You are responsible for ensuring that the delivery address, recipient information, and delivery timing are suitable for receiving the order.

Perishable and seasonal items may be affected by weather, temperature, handling, delivery timing, recipient availability, and storage conditions after delivery. Once an order has been delivered, risk of loss, damage, spoilage, or deterioration may pass to the recipient or purchaser to the extent permitted by law and our applicable policies.

Section 8 - Intellectual Property

The Services, including trademarks, trade names, logos, brand elements, text, displays, images, product photography, graphics, icons, page layouts, product descriptions, reviews, video, audio, design, selection, arrangement, and website content, are owned by The North Pole Company, its affiliates, suppliers, licensors, or service providers and are protected by applicable intellectual property laws.

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

Section 9 - Optional Tools

You may be provided with access to tools, features, widgets, apps, or integrations offered by third parties as part of the Services, including support tools, order tracking tools, payment tools, delivery tools, analytics tools, or other website functionality.

We do not control all third-party tools and are not responsible for their availability, accuracy, operation, accessibility, security, or performance. Your use of third-party tools may be subject to separate terms and privacy policies provided by those third parties.

Section 10 - Third-Party Links

The Services may contain materials, tools, apps, integrations, or hyperlinks to websites or platforms provided or operated by third parties. We are not responsible for examining, evaluating, warranting, or controlling third-party materials, websites, services, or platforms.

If you access third-party links or services, you do so at your own risk, and you should review the applicable third-party terms, policies, and privacy practices.

Section 11 - Relationship with Shopify

NorthPoleCompany.ca is powered by Shopify, which enables us to provide ecommerce functionality, checkout, payment processing support, order management, and related Services. However, any sales and purchases you make through this website are made directly with The North Pole Company unless otherwise stated.

Shopify may process certain personal information and transaction-related information as described in our Privacy Policy and Shopify’s applicable privacy documentation.

Section 12 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. This may include purchaser information, recipient information, delivery information, order information, payment-related information, customer support communications, personalized gift-message information, and website usage information.

Certain personal information may also be processed by Shopify and other service providers involved in website hosting, checkout, payment processing, fraud prevention, fulfillment, delivery, customer support, order tracking, analytics, and related Services.

Section 13 - Feedback

If you submit ideas, suggestions, feedback, reviews, proposals, plans, comments, images, messages, or other content to us, you grant The North Pole Company a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, translate, distribute, display, and otherwise use such feedback or content in any medium for any lawful purpose, including commercial purposes, where permitted by law.

You represent that you have all rights necessary to submit such feedback or content and that the submission does not violate the rights of any third party.

Section 14 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, omissions, pricing errors, product-description errors, delivery-availability errors, promotional errors, or other mistakes. These may relate to product descriptions, pricing, promotions, offers, delivery charges, transit times, same-day eligibility, product availability, or order details.

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

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, misleading, abusive, harmful, or unauthorized purpose;
  • To violate any applicable federal, provincial, territorial, local, or international law or regulation;
  • To submit false, inaccurate, incomplete, misleading, or unauthorized order, billing, recipient, delivery, or payment information;
  • To purchase alcohol or regulated products unlawfully or for a recipient who is not legally eligible to receive them;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against others;
  • To upload or transmit viruses, malware, malicious code, or other harmful technology;
  • To interfere with or circumvent the security features of the Services;
  • To scrape, copy, harvest, collect, or misuse website content, product data, customer data, or system information;
  • To interfere with the operation, security, performance, or availability of the Services.

We reserve the right to suspend, restrict, or terminate your access to the Services or cancel orders if we determine that you have violated these Terms or applicable law.

Section 16 - Termination

We may terminate this agreement or your access to the Services, or any part of the Services, at our discretion at any time without notice, including if we believe you have violated these Terms, provided inaccurate information, engaged in fraudulent conduct, misused the Services, or violated applicable law.

The obligations and liabilities incurred before termination shall survive termination where appropriate, including payment obligations, intellectual property provisions, 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 The North Pole Company in writing.

We do not guarantee that the Services will be uninterrupted, timely, secure, error-free, fully accessible, or free from defects, or that any errors will be corrected. We do not guarantee that product descriptions, images, availability, delivery options, delivery timing, or other content will always be complete, current, or error-free.

To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Section 18 - Limitation of Liability

To the fullest extent permitted by law, The North Pole Company and its affiliates, partners, officers, directors, employees, contractors, agents, suppliers, service providers, couriers, delivery partners, licensors, and platform providers shall not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from or related to your use of the Services, your purchase or use of products, delivery delays, failed deliveries, product substitutions, website interruptions, data loss, lost profits, lost revenue, business interruption, or other damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or products 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, so some of the above limitations may not apply to you.

Section 19 - Indemnification

You agree to indemnify, defend, and hold harmless The North Pole Company, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, suppliers, service providers, couriers, delivery partners, and platform providers from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or related to:

  • Your breach of these Terms;
  • Your violation of applicable law;
  • Your misuse of the Services;
  • Your violation of third-party rights;
  • Information you provide, including purchaser, recipient, delivery, or gift-message information;
  • Your unlawful or improper purchase, transfer, or attempted receipt of alcohol or regulated products.

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 by The North Pole Company 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 our Privacy Policy and any other policies or notices posted on this website, constitute the entire agreement between you and The North Pole Company regarding the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, relating to the Services.

Section 22 - Assignment

You may not transfer, assign, or delegate these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign, delegate, or subcontract these Terms and our rights and obligations without your consent or notice, including in connection with business operations, fulfillment, service-provider relationships, corporate restructuring, merger, acquisition, financing, sale of assets, or similar transaction.

Section 23 - Governing Law

These Terms shall be governed by the laws applicable in the jurisdiction where The North Pole Company is headquartered, without regard to conflict of law principles, unless otherwise required by applicable consumer protection or other mandatory laws.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws that cannot be waived or limited by contract.

Section 24 - Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service 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 changes are posted constitutes acceptance of the updated Terms of Service.

Section 25 - Contact Information

If you have questions about these Terms of Service, please contact us through the Contact Us page on this website or by phone at 800-718-1981.

You may also use the support widget on this website for customer support inquiries or the order tracking widget for order-status information.