Terms And Conditions
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
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This document contains very important information regarding your
rights and obligations, as well as conditions, limitations, and
exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration to resolve disputes, rather
than recourse to the judicial system.
By placing an order for products or services from this website, you
affirm that you are of legal age to enter into this agreement, and you
accept and are bound by these terms and conditions. You affirm that if
you place an order on behalf of an organization or company, you have the
legal authority to bind any such organization or company to these terms
and conditions.
You may not order or obtain products or services from this website if
you: (i) do not agree to these terms and conditions; (ii) are not the
age of majority in your province or territory of residence; or (iii) are
prohibited from accessing or using this website or any of this website's
contents, products or services by applicable law.
These terms and conditions (these "Terms") apply to the
purchase and sale of products and services through www.esupplycanada.ca
(the "Site"). These Terms are subject to change by Couch
Cushion Inc. (referred to as "us", "we",
or "our" as the context may require) without prior
written notice at any time, in our sole discretion. Any changes to these
Terms will be in effect as of the "Last Updated Date" referenced on this
Site. You should review these Terms before purchasing any product or
services that are available through the Site. Your continued use of this
Site after the "Last Updated Date" will constitute your acceptance of and
agreement to such changes.
These Terms are an integral part of the Website Terms and Conditions of
Use that apply generally to the use of our Site. You should also carefully
review our Website Privacy Policy before placing an order for products or
services through this Site (see Section 9).
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Order Acceptance and Cancellation. You agree that
your order is an offer to buy, under these Terms, all products and
services listed in your order. All orders must be accepted by us or we
will not be obligated to sell the products or services to you. We may
choose not to accept orders at our sole discretion, even after we send you
a confirmation email with your order number and details of the items you
have ordered.
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Prices and Payment Terms.
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All prices, discounts, and promotions posted on this Site are
subject to change without notice. The price charged for a product or
service will be the price advertised on this Site at the time the
order is placed, subject to the terms of any promotions or discounts
that may be applicable. The price charged will be clearly stated in
your order confirmation email. Price increases will only apply to
orders placed after the time of the increase. Posted prices do not
include taxes or charges for shipping and handling. All such taxes
and charges will be added to your total price and will be itemized
in your shopping cart and in your order confirmation email. We
strive to display accurate price information; however, we may, on
occasion, make inadvertent typographical errors, inaccuracies, or
omissions related to pricing and availability. We reserve the right
to correct any errors, inaccuracies, or omissions at any time and to
cancel any orders arising from such occurrences.
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Terms of payment are within our sole discretion and payment must be
received by us before our acceptance of an order. We accept Visa,
Mastercard, and American Express for all purchases. You represent
and warrant that: (i) the credit card information you supply to us is true, correct,
and complete, (ii) you are duly authorized to use such credit card for
the purchase, (iii) charges incurred by you will be honoured by your
credit card company, and (iv) you will pay charges incurred by you at
the posted prices, including shipping and handling charges and all
applicable taxes, if any, regardless of the amount quoted on the Site
at the time of your order.
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Shipments and Delivery.
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We will arrange for shipment of the products to you. Please check
the individual product page for specific delivery options. You will
pay all shipping and handling charges unless otherwise specified in
the order confirmation.
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Shipping and delivery dates are estimates only and cannot be
guaranteed. We are not liable for any delays in shipments.
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Returns and Refunds. Except for any products
designated on the Site as non-returnable which include any food items, we
will accept a return of the products for a refund of your purchase price,
less the original shipping and handling costs, provided such
return is made within thirty (30) business days of delivery with valid
proof of purchase and provided such products are returned in
their original condition and in the case of furniture, this means
unassembled, if applicable.
To return products, you must call (866) 559-2233 or email our Returns
Department at info@couchcushion.com to obtain a Return Goods Authorization
("RGA") number before shipping your product. No returns of
any type will be accepted without an RGA number.
Incomplete shipments or damaged goods must be reported to us within
forty-eight (48) hours after the order is received.
You are responsible for all shipping and handling charges on returned
items unless otherwise specified. You bear the risk of loss during
shipment. We, therefore, strongly recommend that you fully insure your
return shipment against loss or damage and that you use a carrier that can
provide you with proof of delivery for your protection. Returns may be
subject to a twenty five percent (25%) restocking fee.
Orders for products affected by events such as viral outbreaks and other
extreme circumstances CANNOT be returned once shipped and billed.
Your refund net of any restocking fee or other charges will be credited
back to the same payment method used to make the original purchase on the
Site.
WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS
NON-RETURNABLE.
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Manufacturer's Warranty and Disclaimers.
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We do not manufacture or control any of the products or services
offered on our Site. The availability of products or services
through our Site does not indicate an affiliation with or
endorsement of any product, service, or manufacturer. Accordingly,
we do not provide any conditions or warranties with respect to the
products or services offered on our Site. However, the products and
services offered on our Site are covered by the manufacturer's
warranty as detailed in the product's description on our Site and
included with the product. To obtain warranty service for defective
products, please follow the instructions included in the
manufacturer's warranty.
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ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF
MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C)
AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
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SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO YOU.
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YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES,
FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES
ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY
OBLIGATIONS TO YOU.
- Limitation of Liability.
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WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTABILITY,
AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE
TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR
REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO,
AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A)
WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM
IS BASED.
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OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE
ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE
ORDERED THROUGH OUR SITE.
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Goods Not for Resale or Export. You represent and
warrant that you are buying products or services from the Site for your
own use only and not for resale or export. You further represent and
warrant that all purchases are intended for final delivery to locations
within Canada.
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Privacy. We respect your privacy and are committed
to protecting it. Our Website Privacy Policy, [WEBSITE ADDRESS],
governs the processing of all personal data collected from you in
connection with your purchase of products or services through the Site.
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Force Majeure. No party shall be liable or
responsible to the other party, or be deemed to have defaulted under or
breached these Terms, for any failure or delay in fulfilling or performing
any of the obligations set out in these Terms (except for any of your
obligations to make payments to us hereunder), when and to the extent such
party's (the "Impacted Party") failure or delay is caused
by or results from acts beyond the Impacted Party's reasonable control,
including, without limitation, the following force majeure events
("Force Majeure Event(s)"): (a) acts of God; (b) flood,
fire, earthquake, epidemics, pandemics, such as the 2019 novel coronavirus
pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot or other
civil unrest; (d) government order, law, or action; (e) embargoes or
blockades in effect on or after the date of these Terms; (f) national or
regional emergency; (g) strikes, labour stoppages or slowdowns or other
industrial disturbances; (h) telecommunication breakdowns, power outages
or shortages, lack of warehouse or storage space, inadequate
transportation services, or inability or delay in obtaining supplies of
adequate or suitable materials; and (i) other events beyond the reasonable
control of the Impacted Party. The Impacted Party shall give notice within
five (5) days of the Force Majeure Event to the other party, stating the
period of time the occurrence is expected to continue. The Impacted Party
shall use diligent efforts to end the failure or delay and ensure the
effects of such Force Majeure Event are minimized. The Impacted Party
shall resume the performance of its obligations as soon as reasonably
practicable after the removal of the cause. In the event that the Impacted
Party's failure or delay remains uncured for a period of ten (10)
consecutive days following written notice given by it under this Section
10, either party may thereafter terminate the purchase or sale made in
accordance with these Terms upon ten (10) days' written notice.
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Governing Law. All matters arising out of or
relating to these Terms are governed by and construed in accordance with
the laws of the Province of Ontario and the federal laws of Canada
applicable therein without giving effect to any choice or conflict of law
provision or rule (whether of the Province of Ontario or any other
jurisdiction).
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Waiver of Recourse to the Courts and Binding Arbitration.
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YOU AND COUCH CUSHION INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO
LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF
YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN
ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR
OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE
AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY
WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
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The arbitration will be administered by the ADR Institute of Ontario
under its ADRIC Arbitration Rules.
The arbitration will be administered by the ADR Institute of Ontario
under its ADRIC Arbitration Rules. The arbitrator will have exclusive
authority to resolve any dispute relating to arbitrability and/or
enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration
provision is void, voidable or otherwise invalid. The arbitrator will be
empowered to grant whatever relief would be available in court under law
or in equity. Any award of the arbitrator(s) will be final and binding on
each of the parties and may be entered as a judgment in any court of
competent jurisdiction.
If any provision of this arbitration clause is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration
terms will be enforced.
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Assignment. You will not assign any of your rights
or delegate any of your obligations under these Terms without our prior
written consent. Any purported assignment or delegation in violation of
this Section 13 is null and void. No assignment or delegation relieves you
of any of your obligations under these Terms.
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No Waivers. The failure or delay by us to exercise
or enforce any right or provision of these Terms will not constitute a
waiver of future enforcement of that right or provision. The waiver of any
right or provision will be effective only if in writing and signed by a
duly authorized representative of Couch Cushion Inc.
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No Third-Party Beneficiaries. These Terms do not and
are not intended to confer any rights or remedies upon any person or
entity other than you.
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Notices.
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To You. We may provide any notice to you under
these Terms by: (i) sending a message to the email address you provide
to us and consent to us using; or (ii) posting to the Site. Notices
sent by email will be effective when we send the email and notices we
provide by posting will be effective upon posting. It is your
responsibility to keep your email address current.
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To Us. To give us notice under these Terms, you
must contact us as follows: (i) by email transmission to
info@couchcushion.com or (ii) by personal delivery, overnight courier
or registered or certified mail to Couch Cushion Inc., 985 French Bay
Road, Saugeen First Nation, Ontario, CANADA, NOH 2L0. We may update
the email address or address for notices to us by posting a notice on
the Site. Notices provided by email will be effective immediately.
Notices provided by overnight courier will be effective one business
day after they are sent. Notices provided by registered or certified
mail will be effective three business days after they are sent.
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Severability. If any provision of these Terms is
invalid, illegal, void, or unenforceable, then that provision will be
deemed severed from these Terms and will not affect the validity or
enforceability of the remaining provisions of these Terms.
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Entire Agreement. Our order confirmation, these
Terms, our Website Terms and Conditions of Use, and our Website Privacy
Policy will be deemed the final and integrated agreement between you and
us on the matters contained in these Terms.