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Bellwood Blooms Incorporated

3130 Dundas St W, Toronto, Ontario, Canada, M6P 2A1

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Refused to be flexible and reasonable in proactively re scheduling service date due inability to perform service. Made numerous attempts to mitigate the situation with no success. Owner refused to offer any refund until receiving a legal demand letter. Did not refund the full amount demanded as per the demand letter. Also, communicated through email that their business and necessary vendor are open (they are not on the essential services list). They are and stated through email to be operating in contravention of the Emergency Management and Civil Protection Act, or any of the City of Toronto by-laws recently enacted in relation to the current emergency. Owner also stated that they will be able to fulfill the services for the contract date of May 2, 2020. Also, made numerous false statements to myself and my legal representative through email. Harshly communicated new, unfair, unreasonable policies numerous times that always ended up with her keeping our full deposit for doing little to no work since the contract was signed and incurring no direct expense in relation to our future contract. We communicated clearly that providing services would be against the law in light of social distancing and warned that we would be getting legal representation and filing a complaints.

Bellwood Blooms Incorporated Response • Apr 21, 2020

Dear Matthew K.,
***

When two parties enter into a legal contract, one party cannot simply contact the other and demand the cancellation of services and refund of payment simple because it is their preferred option. Both parties have to assess the circumstances, in this case, the circumstances around COVID-19 and take into consideration the directives provided by our government at the time.

Here is the exact information that was provided by us ***:

" On April 22th, 2019 The Client entered into a non-refundable and non-transferable contract with Bellwood Blooms Incorporated to provide floral services for her May 2nd, 2020 wedding date. Since first contact on March 10th, 2019, The Client and Bellwood Blooms Incorporated engaged in over 40 emails where Bellwood Blooms Incorporated provided her with wedding planning and floral décor planning services. Many hours of labour went into maintaining this email communication, as well as providing in person meetings, product sourcing for specific items requested by The Client, and the creation of 4 separate floral design proposals at the request of The Client. Many hours of labour went into the sourcing, planning and preparations for her upcoming wedding date. On March 20th, 2020, The Client communicated in writing to Bellwood Blooms Incorporated that she was re-scheduling her wedding to April 21st, 2021 in order to be proactive due to circumstance surrounding COVID-19. At this time, the Emergency Declaration in place only restricted gatherings of 50 or more people until March 31st, 2020. At this time, it was expressed that Bellwood Blooms Incorporated company policy in regards to COVID-19 did not include refunding deposits, as some services has already been rendered to The Client. At this time, The Client was offered the ability to transfer her future services to another mutually agreeable date within 2020, which she declined.

The government extended the Emergency Declaration past the original March 31st, 2020 deadline to April 12th, 2020. At this time, Bellwood Blooms Incorporated re-assessed their company policy regarding COVID-19 to include the ability for clients affected by COVID-19 to transfer their services to another date within 365 days of the original contract date. On April 3rd, 2020 this was communicated to The Client, and a full refund of their payments was provided out of good will, regardless of the many hours of services that had provided to her by Bellwood Blooms Incorporated since March 2019. The Client accepted their refund payment, yet still continue to communicate with Bellwood Blooms Incorporated in an effort to exploit the company for further funds they are requesting to cover their own personal expenses. Their accusations of Bellwood Blooms Incorporated acting in a *** manor are prejudice and entirely without merit.

At this time, Bellwood Blooms Incorporated considers this matter resolved, as a full refund of all of the clients payments was provided and accepted by the client on April 6th, 2020. "

*** It should also be noted, that you did in fact receive and accept your refund weeks before any Emergency Declaration ever encompassed your contract service date.

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Address: 3130 Dundas St W, Toronto, Ontario, Canada, M6P 2A1

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