Terms and conditions
Last updated: August 7, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Welcome to www.smartfurniture.ca (the "Smart Furniture website", or “smartfurniture.ca”). Smart Furniture INC (“Smart Furniture”), provides website features and other services to you when you visit or shop at the Smart Furniture website, use Smartfurniture.ca services, or use software provided by Smart Furniture in connection with Smartfurniture.ca (collectively, "Smartfurniture.ca Services"). smartfurniture.ca provides the Smartfurniture.ca Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read them carefully. Your use of Smartfurniture.ca Services constitutes your agreement to follow these rules and to be bound by them.
Smart Furniture reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.
Please review this Privacy Policy, which also governs your use of the Smartfurniture.ca Services, to understand Smart Furniture’s practices.
When you use Smartfurniture.ca Services or send an email to Smart furniture, you are communicating with Smart Furniture electronically and therefore consent to receiving communications from Smart Furniture electronically. Smart Furniture will communicate with you by email or by posting notices on the Smart Furniture website, or through other Smartfurniture.ca Services. You agree that all agreements, notices, disclosures, and other communications that Smart Furniture provides to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through Smartfurniture.ca Services—such as text, design, graphics, logos, photographs and images, button icons, audio clips and digital downloads—is the property of Smartfurniture.ca or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Smartfurniture.ca Service is the exclusive property of Smartfurniture.ca and protected by Canadian and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Smartfurniture.ca Services are trademarks or trade dress of Smart Furniture, in Canada and other countries. Smart Furniture’s trademarks and trade dress may not be used in connection with any product or service that is not Smart Furniture’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smart Furniture. All other trademarks not owned by Smart Furniture that appear in the Smartfurniture.ca Services are the property of their respective owners, who may or may not be connected to, or sponsored by Smart Furniture.
Subject to your compliance with these Terms of Use and your payment of any applicable fees, Smartfurniture.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of Smartfurniture.ca Services. This licence does not include any resale or commercial use of Smartfurniture.ca Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Smartfurniture.ca Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Smart Furniture or its licensors, suppliers, publishers, rightsholders, or other content providers. Smartfurniture.ca Services, or any part of Smartfurniture.ca Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Smartfurniture.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smartfurniture.ca without express written consent. You may not use any meta tags or any other "hidden text" utilizing Smart Furniture’s name or trademarks without the express written consent of Smart Furniture. You may not misuse Smartfurniture.ca Services. You may use Smartfurniture.ca Services only as permitted by law. The licenses granted by Smart Furniture will terminate if you do not comply with these Terms of Use.
If you use Smartfurniture.ca Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use the Smartfurniture.ca Services only with involvement of a parent or guardian. Smartfurniture.ca reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do submit material, and unless Smart Furniture indicates otherwise, you grant Smart Furniture a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Smart Furniture the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smartfurniture.ca for all claims resulting from content you supply.
Risk of loss and title for items purchased from Smartfurniture.ca pass to you upon our delivery to the carrier.
Smart Furniture does not take title to returned items until the item arrives at Smart Furniture’s Distribution Centre. At Smart Furniture’s discretion, a refund may be issued without requiring a return. In this situation, Smartfurniture.ca does not take title to the refunded item. For more information about returns and refunds, please see Smart Furniture’s Returns & Exchanges Policy.
Smart Furniture reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations.
Smart Furniture attempts to be as accurate as possible. However, Smart Furniture does not warrant that product descriptions or other content of Smartfurniture.ca Services is accurate, complete, reliable, current, or error-free. If a product offered by Smartfurniture.ca itself is not as described, your sole remedy is to return it in an unused condition.
Smartfurniture.ca does its best to display product colours shown on this website as accurately as possible. However, because the colours you see depend on your monitor, Smartfurniture.ca cannot guarantee that your monitor’s display of any colour is accurate. Smart Furniture will not be held responsible for any discrepancies between the colour displayed for any given product on Smartfurniture.ca and the actual perceived colour for this product itself.
All prices shown on this site are quoted in Canadian dollars and are valid and effective in Canada only. Smart Furniture reserves the right to modify retail prices at any time and without prior notice. All prices indicated exclude taxes, delivery and assembly.
With respect to items sold by Smartfurniture.ca, Smart Furniture cannot confirm the price of an item until you order. Despite Smart Furniture’s best efforts, a small number of the items in the Smartfurniture.ca catalogue may be mispriced. If an item's correct price is higher than the Smartfurniture.ca stated price, Smart Furniture will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SMART FURNITURE'S WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SMARTFURNITURE.CA ARE PROVIDED BY SMART FURNITURE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMART FURNITURE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SMARTFURNITURE.CA WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SMARTFURNITURE.CA, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SMARTFURNITURE.CA WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMART FURNITURE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SMART FURNITURE DOES NOT WARRANT THAT THE SMARTFURNITURE.CA WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMART FURNITURE WEBSITE; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM SMARTFURNITURE.CA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMARTFURNITURE.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SMARTFURNITURE.CA SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SMARTFURNITURE.CA SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
(Not applicable to Québec consumers) Any dispute or claim relating in any way to your use of Smartfurniture.ca Services, or to any products or services sold or distributed by Smart Furniture or through Smartfurniture.ca Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
Smart Furniture and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Smart Furniture and you each waive any right to a jury trial. Smart Furniture and you also both agree that you or Smart Furniture may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Smart Furniture reserves the right to make changes to the Smart Furniture website, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Smart Furniture Inc
1995 Dundas Street East
Mississauga (Ontario) L4X 1M1
Canada