Terms and conditions of sale

1. Vocabulary

Unless stipulated otherwise herein, words and expressions beginning with a capital letter must be given the meaning ascribed below:

• « Client » refers to the consumer who purchases Products from the Seller in accordance with the terms and conditions of the sales contract;
• « Contract » refers to this sales contract as well as to any related terms and conditions.
• « Deliverer » refers to any individual or entity identified in the Contract whom the Seller entrusts with the task of delivering goods to a Client on its behalf (whether by themselves or through representatives).
• « Product » refers to any good subject to the sales Contract entered into by the Seller and the Client;
• « Seller » désigne MeublesDéco.ca inc.;

2. Returns and cancellations

• 2.1 Subject to the provisions of sections 2.2 and 2.3, all sales are final without any Product being refundable or exchangeable.
• 2.2 The Client who gives a cash deposit in order to reserve a Product but subsequently cancels the order might cause the Seller’s costs to increase. In such a case, the Client shall be held solely responsible for any financial loss the Seller may have incurred. Hence, the Seller may retain from the deposit any and all fees, costs, and expenses it suffered on account of the cancellation.
• 2.3 Whenever a Product under warranty proves defective, the Seller, provided that it is responsible for such defect, may, at its sole and absolute discretion, repair, replace, or refund it.
• 2.4 The Seller may refuse to sell any Product at any given time. In any event, the sale of any Product is contingent upon its availability.

3. Price

• 3.1 All Products are invoiced in accordance with the rates which are current at the time the order is received. The Seller may modify its rates at any given time and without prior notice.
• 3.2 Unless stipulated otherwise, any and all amounts provided for in the Contract are expressed in Canadian dollars.

4. Delivery

• 4.1 All deliveries of Products are entrusted to a Deliverer.
• 4.2 The price of delivery is specified in the Contract.
• 4.3 The delivery services referred to in the Contract may only be provided in the following areas:
• 4.3.1 Several regions of the province of Québec.
• 4.4 Once a delivery date has been approved by the Client, they (or an individual acting on their behalf) must be present at the time of delivery – failing which the Product will be returned to the warehouse and the Client shall have to pay the actual costs of delivery. Should the Client wish to set another delivery date, they shall pay the delivery costs yet again.
• 4.5 The Client who has agreed on a delivery date but cannot be present at that moment must contact the Seller at least twenty-four (24) hours in advance in order to set a new delivery date – failing which the Client shall pay the costs of delivery and either (i) request another delivery date, or (ii) pick up the Product themselves.
• 4.6 No Deliverer shall ever unpack the Product, move any of the furniture found at the delivery site, or remove any door or banister.
• 4.7 The Client must make sure that the Product can indeed be delivered and received at the delivery site they have selected, as no return or cancellation shall ever be allowed.
• 4.8 Should the Deliverer be unable to leave the Product at the delivery site (on account, for instance, of a lack of access or the presence of hazards), they may leave the premises without fulfilling the delivery – in which case the Client shall pay the actual costs of delivery. Thereafter, the Client shall (i) request from the Seller another delivery at another location, or (ii) pick up the Product themselves.
• 4.9 At the time of delivery, the Client must inspect the Product and disclose to the Seller any and all defects or broken parts. Whenever the Product consists in goods which require some assembly or must be powered up, the Client must, within forty-eight (48) hours of delivery, notify the Seller of any defect or malfunction. Should the Product indeed prove to be defective or damaged, the provisions of section 2.3 shall apply.

5. Pick-up

• 5.1 All risks of loss relating to the Product shall be transferred to the Client the moment the latter is informed by the Seller that the Product can be picked up in a specific location.
• 5.2 Subject to business hours, the seller shall make the Product available to the Client at the designated pick-up location.
• 5.3 The Client shall remain solely and entirely responsible for the retrieval and handling of the Product at the designated pick-up location.
• 5.4 The Client must, themselves, secure the vehicle and assistance they will need in order to safely and efficiently pick up the Product.
• 5.5 At the time of pick-up, the Client must inspect the Product and disclose to the Seller any and all defects or broken parts. Whenever the Product consists in goods which require some assembly or must be powered up, the Client must, within forty-eight (48) hours of pick-up, notify the Seller of any defect or malfunction. Should the Product indeed prove to be defective or damaged, the provisions of section 2.3 shall apply.
• 5.6 The Seller shall, in no circumstances whatsoever, be held liable for any damage caused to the Product by (or for the faulty handling of said Product on the part of) the Client at the time of pick-up. The Client shall, alone, bear the consequences of their own wrongdoing.

6. Storage fees

• 6.1 Whenever a Product is returned to the warehouse following an unsuccessful attempt at delivery on the date agreed upon, it shall remain in storage for an interval not to exceed thirty (30) days. Should the Client fail to agree on another delivery or on a pick-up within such delay, the Seller shall either (i) charge them five dollars ($5.00) for each seven (7) days each Product is kept in storage, or (ii) suggest that the Contract be terminated – the whole subject to its right to recover the costs it has incurred.
• 6.2 Should the Client ever fail to collect a Product which has been available for pick-up for more than thirty (30) days, the Seller shall either (i) charge them five dollars ($5.00) for each seven (7) days each Product is kept in storage, or (ii) suggest that the Contract be terminated – the whole subject to its right to recover the costs it has incurred.

7. Warranty

• 7.1 Unless the Client purchased additional warranty or the manufacturer offers some kind of contractual warranty of its own, the Product’s quality is covered by nothing more than a legal warranty.
• 7.2 The Client who wishes to exercise any contractual warranty provided by the manufacturer of a Product must refer directly to said manufacturer.

8. Exoneration

• 8.1 The Seller shall never be held liable for any delay, impediment, or hinderance preventing it from fulfilling its obligations on account of a fortuitous or force majeure event (i.e an unpredictable and unavoidable situation over which the Seller cannot exercice any reasonable level of control). Will be considered a force majeure any foreign course of events that fits such a definition, including (without limitation) :
• 8.1.1 Weather conditions;
• 8.1.2 A strike, a lock-out, or a complete or partial labour disruption;
• 8.1.3 A fire;
• 8.1.4 A flood;
• 8.1.5 A riot;
• 8.1.6 Any intervention by civil or military authorities;
• 8.1.7 A lock-down ordered by the government on accont of a health crisis.
• 8.2 For reasons which lie beyond the Seller’s will and control, certain Products may prove unavailable or impossible to deliver on the date agreed upon. Is such should ever be the case, the Seller shall notify the Client in the shortest delay possible. The Client, for their part, understands and acknowledges that some deadlines may be postponed without the Seller having to provide any kind of compensation.

9. Implied consent

• 9.1 By purchasing any Product through the Seller’s website, the Client implicitly consents to the Seller contacting them by way or electronic mail.
• 9.2 By purchasing any Product through the Seller’s website, the Client implicitly accepts the terms and conditions of sale stipulated herein.

10. Financing

• 10.1 Whenever the Client elects to purchase Products using the financing options provided by CréditMeubles.com, the parties must also abide by the terms and conditions of the financing agreement (of which the Client was given a copy).

11. Interpretation

• 11.1
  Governing law. The interpretation and fulfillment of the Contract are governed by the laws and regulations of the province of Québec.
• 11.2
  Independence of clauses. Each and every section, subsection, and paragraph of the Contract stands on its own and must be interpreted invididually. Should any provision be declared invalid or unenforceable, the Contract as a whole shall not be in the least impacted.
• 11.3
  Cumulative rights.
  The rights conferred by the Contract are cumulative rather than alternative or exclusive.
• 11.4
  Absence of waiver. The fact that a party to this Contract does not always insist on the fulfillment of each and every provision or obligation, or fails to exercise its contractual rights each and every time it could must never be interpreted or construed as a waiver of its right to do so in the future. Unless clearly stipulated otherwise, no waiver from a party of any of the rights it can exercise under the Contrat will produce any effect unless it is confirmed in writing. Even then, the waiver in question shall be strictly limited to the rights and/or obligations which have been specifically described in writing.
• 11.5
  Mandatory delays. Both the Seller and the Client represent and warrant that each and every delay stipulated in the Contract is mandatory and must be calculated in compliance with the provisions of the Code of civil procedure which will be current at the date the Contract comes into force and effect.
• 11.6
  Titles. The titles and subtitles found herein have been included for convenience only and should, in no circumstances whatsoever, be used in order to interpret the meaning or scope of any disposition.
• 11.7
  Effective date. The Contract comes into full force and effect the moment the Client places their order with the Seller.