Terms of Service for Maple Crest Furnishings Ltd.
These Terms of Service (the “Terms”) govern access to and use of the website, products, services, consultations, and related offerings provided by Maple Crest Furnishings Ltd. (“Maple Crest Furnishings Ltd.”, “we”, “us”, or “our”). By accessing our website, placing an order, scheduling a consultation, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.
These Terms are intended to be interpreted in a manner consistent with applicable laws in Canada, including applicable federal and provincial laws, consumer protection laws, privacy laws, and the laws of British Columbia, as applicable.
1. Introduction and Acceptance of Terms
Maple Crest Furnishings Ltd. provides furniture-related products and services to residential and commercial customers. These Terms apply to all visitors, customers, purchasers, and users of our services.
- By placing an order, requesting a quote, booking a consultation, or receiving delivery or installation services, you confirm that you have read, understood, and agree to these Terms.
- If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity.
- We may require additional written agreements, estimates, purchase orders, statements of work, or service confirmations for certain orders or projects. If there is a conflict, the specific written agreement will prevail to the extent of the conflict.
2. Scope of Services
Maple Crest Furnishings Ltd. may provide the following services, subject to availability, written confirmation, and applicable service-specific terms:
- Custom furniture design;
- Living room furniture sales;
- Office furniture solutions;
- Dining and bedroom set collections;
- Furniture delivery and assembly;
- Space planning consultations; and
- Furniture refinishing and restoration.
We reserve the right to modify, discontinue, or limit any product, service, material, finish, fabric, configuration, or feature at any time, subject to applicable law and any confirmed order already accepted by us.
Any samples, images, catalogs, drawings, sketches, finish boards, digital renderings, or descriptions are provided for illustrative purposes only. Actual products may vary due to material characteristics, manufacturing tolerances, lighting, screen settings, and the inherent variations in natural materials such as wood, veneer, leather, fabric, or stone.
For custom or made-to-order items, specifications must be approved by you before production begins. Once production has started, changes may not be possible or may incur additional charges and delays.
3. User Obligations and Responsibilities
You agree to provide accurate, current, and complete information when interacting with us, including contact details, delivery address, site conditions, measurements, and any other information needed to fulfill your order or service request.
- You are responsible for verifying measurements, access routes, doorways, stairways, elevators, and other site conditions before ordering or scheduling delivery, assembly, or installation.
- You must ensure that the premises are safe and reasonably prepared for delivery, assembly, installation, refinishing, or restoration services.
- You must disclose any relevant conditions, including structural limitations, hazards, fragile surfaces, pets, pests, moisture issues, or other factors that may affect performance or safety.
- You agree not to misuse our website, interfere with operations, engage in fraud, or provide unlawful, defamatory, abusive, or infringing content.
- You are responsible for reviewing all order confirmations, drawings, dimensions, finishes, and project details before approval.
If you fail to provide required information or access, or if conditions at the service location prevent completion of the work, we may reschedule the service, charge additional fees, or cancel the order to the extent permitted by law.
You agree to comply with all applicable laws, regulations, building rules, condominium bylaws, property management requirements, and safety instructions relating to the products and services we provide.
4. Payment Terms and Conditions
Prices, deposits, taxes, delivery charges, assembly fees, restoration fees, and other charges will be disclosed in a quote, invoice, checkout page, or written agreement. Unless otherwise stated, all amounts are in Canadian dollars (CAD).
- We may require a deposit or full prepayment for custom orders, special orders, made-to-order items, or services scheduled in advance.
- Payment is due according to the terms stated on the invoice, order confirmation, or service agreement.
- Applicable taxes, including GST, PST, HST, or other taxes, will be charged as required by law.
- If payment is not received when due, we may suspend work, delay delivery, withhold completed goods where lawful, or cancel the order, subject to applicable law.
- You are responsible for any fees charged by your payment provider, bank, or card issuer.
We reserve the right to correct pricing errors, typographical errors, and omissions. If a pricing error is discovered, we may contact you for instructions or cancel the affected order where permitted by law.
For custom design, space planning, and restoration services, time spent on consultations, site visits, revisions, or preparatory work may be non-refundable once performed, unless otherwise required by law or expressly agreed in writing.
5. Cancellation and Refund Policy
Cancellation and refund rights may vary depending on the type of product or service, the stage of completion, and applicable consumer protection laws in Canada and British Columbia.
- Custom and made-to-order items: Once materials are ordered, production starts, or customization begins, cancellations may be restricted or subject to cancellation fees, and deposits may be non-refundable to the extent permitted by law.
- Standard stocked merchandise: Returns or exchanges may be accepted only in accordance with our return policy, provided items are unused, unassembled, in original condition, and returned within the stated return window, if any.
- Delivery and assembly services: If a delivery or assembly appointment is cancelled on short notice, missed, or cannot be completed due to site conditions or lack of access, a service fee or redelivery fee may apply.
- Refinishing and restoration: Due to the nature of these services, cancellations after work has commenced may result in charges for labor, materials, and any completed work.
Any approved refund will generally be issued using the original payment method, unless another arrangement is agreed to in writing or required by law. Processing times may vary by financial institution.
Nothing in these Terms limits any non-excludable statutory rights you may have under applicable law.
6. Liability Limitations
To the fullest extent permitted by applicable law, Maple Crest Furnishings Ltd. shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, loss of revenue, loss of business opportunity, loss of data, or loss of goodwill arising from or related to your use of our products or services.
Without limiting the foregoing:
- We are not responsible for damage caused by improper use, improper installation by third parties, unauthorized modifications, normal wear and tear, accidental damage, negligence, abuse, or failure to follow care instructions.
- We are not liable for variations in grain, color, texture, finish, stitching, dimensions, or other natural or manufacturing characteristics that are reasonable in the furniture industry.
- We are not responsible for delays or failures caused by your failure to provide accurate information, access, or timely approvals.
- We are not liable for damage arising from environmental conditions, including humidity, temperature changes, direct sunlight, flooding, or other site-specific factors beyond our reasonable control.
To the fullest extent permitted by law, our total aggregate liability for any claim arising from or related to the services or products shall not exceed the amount paid by you for the specific product or service giving rise to the claim.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded.
7. Intellectual Property Rights
All content on our website and in our materials, including text, images, photographs, renderings, graphics, logos, product descriptions, design concepts, layouts, and other materials, is owned by or licensed to Maple Crest Furnishings Ltd. and is protected by applicable intellectual property laws.
- You may not copy, reproduce, distribute, modify, publish, display, sell, license, or exploit our content without our prior written consent, except as permitted by law.
- Any custom design concepts, renderings, plans, specifications, or consultation materials created by us remain our intellectual property unless otherwise agreed in writing.
- Upon full payment, you receive a limited, non-exclusive, non-transferable right to use any deliverables solely for the intended purpose of your project or personal use.
- You represent that any materials you provide to us do not infringe the intellectual property rights or other rights of any third party.
If you submit reviews, testimonials, images, or feedback to us, you grant Maple Crest Furnishings Ltd. a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, and display such content for business, marketing, and operational purposes, subject to applicable law and any separate written consent we may obtain where required.
8. Data Protection and Privacy
We collect, use, disclose, and retain personal information in accordance with applicable privacy laws in Canada, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, British Columbia privacy requirements.
We may collect personal information such as your name, contact details, billing and shipping information, purchase history, communication records, site details, and other information necessary to provide our products and services, process payments, manage deliveries, handle complaints, and maintain business records.
- We use personal information for order fulfillment, customer support, appointment scheduling, service delivery, invoicing, legal compliance, and internal business administration.
- We may share personal information with trusted service providers, such as payment processors, delivery partners, installers, or IT service providers, only as needed to support our business operations and subject to appropriate safeguards.
- We may retain records for as long as necessary to fulfill the purposes for which they were collected and to comply with legal, tax, accounting, and reporting obligations.
- You may contact us regarding access to or correction of your personal information, subject to legal limitations and verification requirements.
Our website may use cookies, analytics tools, and similar technologies to improve performance, understand usage, and enhance user experience. Where required by law, we will obtain appropriate consent.
For questions about our privacy practices, please contact us using the details provided in Section 12.
9. Force Majeure
Maple Crest Furnishings Ltd. shall not be liable for any delay or failure to perform obligations under these Terms to the extent caused by events beyond our reasonable control, including but not limited to:
- acts of God, fire, flood, earthquake, or severe weather;
- war, terrorism, civil unrest, labor disputes, strikes, or shortages;
- transportation disruptions, supply chain interruptions, or material shortages;
- government actions, laws, regulations, embargoes, or public health emergencies;
- power outages, telecommunications failures, cyber incidents, or equipment breakdowns.
If a force majeure event occurs, we may suspend performance, extend timelines, or cancel affected services if performance becomes impracticable or impossible. We will use commercially reasonable efforts to minimize disruption.
10. Changes to Terms
We may update, amend, or replace these Terms from time to time to reflect changes in our services, legal requirements, or business practices. The revised Terms will be posted on our website or otherwise communicated to you, and will be effective on the date stated in the updated version.
Your continued use of our website or services after the effective date of any revised Terms constitutes acceptance of those changes, to the extent permitted by law.
11. Applicable Law and Jurisdiction
These Terms, and any dispute, claim, or controversy arising out of or relating to them, your use of our services, or any product or service provided by Maple Crest Furnishings Ltd., shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law rules.
Subject to any mandatory consumer protection or other non-waivable rights under applicable law, you agree that the courts located in British Columbia shall have exclusive jurisdiction over disputes arising from these Terms, and you submit to the personal jurisdiction of those courts.
12. Contact Information
If you have questions about these Terms, an order, a service appointment, a refund, a privacy matter, or any other concern, please contact us using the details below:
Maple Crest Furnishings Ltd.
3125 Woodsdale Road
Kelowna, BC V1W 4A9
Canada
Email: [email protected]
Phone: +1 (250) 860-9473
13. Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
If any unenforceable provision can be modified to make it enforceable while preserving its intent, that provision shall be deemed amended accordingly to the extent necessary to make it valid and enforceable.
These Terms constitute the entire agreement between you and Maple Crest Furnishings Ltd. regarding the subject matter herein, except where supplemented by a separate written agreement signed or accepted by us. Any failure by us to enforce a provision shall not constitute a waiver of that provision or any other provision.