TERMS AND CONDITIONS OF SALE
Welcome to Levida Furniture Inc. (“Levida”, “we”, “us”, or “our”). This document, along with your completion of the purchase transaction through the Website (hereinafter defined) and any confirmation of completion provided, collectively forms the “Agreement”, setting out the terms and conditions for the sale of our products and services (“Products”). This Agreement establishes a legally binding contract between Levida and the purchaser (“User”, “you”, or “your”). By completing a purchase on our Website, you, the purchaser, enter into a legally binding contract with Levida governed by the terms of this Agreement.
This Website is operated by and is the property of Levida Furniture Inc. The domain name, trademarks, trade names, copyright and other intellectual property of Levida.ca (the “Website”) are owned by Levida Furniture Inc., its subsidiaries or affiliates.
Levida Furniture Inc. expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Website. Access to the Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to the Website does not authorize anyone to use any of Levida’s name, logo, mark or any other intellectual property in any manner.
Should you be acting on behalf of a business or another legal entity, by clicking ‘I Agree’, you confirm that you are authorized to bind said entity to these terms. In such instances, “User”, “you”, or “your” will refer to the entity represented. If you do not possess such authority, or if you do not agree with any part of this Agreement, you must refrain from clicking ‘I Agree’ and, consequently, from purchasing our Products.
By clicking ‘I Agree’ and proceeding with the purchase of our Products, you acknowledge and affirm that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement.
Definitions: “Consumer Protection Law” has the meaning set forth in Section 21 of this Agreement. “Courtesy Period” has the meaning set forth in Section 12 of this Agreement. “Custom Order” means an order of any product that is not an exact configuration of a product displayed in our regular inventory in stock ordered as stock in standard regular configuration. “Order” means any type of order for products or Services provided by Levida, including “Custom Order”, “Regular Stock Order”, and “Special Sale”. “Regular Stock Order” means any order made from our standard inventory in stock, which includes products in their standard configurations, including product specifications like fabric, dimensions, and other standard features. “Special Sale” means Black Friday Sales, VIP sales, Boxing week sales, Brand anniversary sales, or other holiday or Promoted sales, outlet priced products or any offers agreed upon by us from time to time.
Scope of Terms and Conditions: This Agreement constitutes the entire agreement between the parties relating to the purchase of products or services through our Website and supersedes and replaces all prior understandings or agreements, and in the event of any inconsistency or conflict with any other document, this Agreement shall prevail.
Order Confirmation: Regular Stock Order: Your Regular Stock Order is confirmed on our receipt and acceptance of the payment. Custom Order: Your Custom Order is confirmed on our receipt and acceptance of an initial payment equal to 70% of the purchase price and obtaining your signature on the custom order form. We reserve the right to rectify or modify any inaccuracies or oversights in the calculation of the invoice amount, even after the invoice has been issued.
Payment: If your item is scheduled to be delivered: within 30 days: The full invoice amount is due at the time of the order. after 30 days: an initial payment equal to 70% of the purchase price is due at the time of Order, with the remaining 30% of the invoice price due at 10 days before the scheduled delivery or pick-up.
Price Changes: we reserve the right to: amend prices, fees, and charges for goods and services across our online platforms and retail locations at any time without notice or liability. rectify or modify any inaccuracies or oversights in the calculation of the invoice amount on any Custom Order, even after the invoice has been issued.
Returns and Exchanges: No Exchange or Refunds: All Special Sales, Custom Orders, floor models, clearance items, reduced items, are sold “as is” and cannot be refunded or exchanged. For hygienic reasons, items including bedding, mattresses, pillows, as well as unique or damaged products cannot be refunded or exchanged. Exchange or Refunds of Regular Stock Orders: Subject to the conditions of returned or exchanged items set out in this Agreement: You can cancel or exchange Regular Stock Orders free of charge within 7 days of order placement. From day 8 to the point of delivery or pick-up, Regular Stock Orders can be exchanged at no additional cost or refunded with a 10% restocking fee; after taking possession, customers have a 48-hour window to exchange items with a 10% restocking fee or obtain a refund with a 20% restocking fee applied. Condition of Returned or Exchanged Items: Items for return or exchange must be sent to our warehouse in original and unused condition within 7 days of possession, at your cost and with the receipt, subject to acceptance by us following an inspection. Upon completion of our inspection and at our sole discretion: We may accept the return and refund the cost of the item and the cost of the Product Protection Plan, if any. Refunds, if issued are processed using the original payment method, but cash payments will be refunded via a Levida cheque; or We may not accept the item for return or refund, and any related fees including the Product Protection Plan will not be refunded. Variations are not Defects: You acknowledge that slight variations or imperfections may exist. Differences between display models, product catalogues, upholstery swatches, material samples, website images, 3-Dimensional renders on our website, promotional materials, in-store signage, social media, or in any other forum, and the received product are not considered defects and do not warrant returns or exchanges.
Delivery: To your Address: Upon placing an order with Levida Furniture, you agree to a delivery schedule based on our team’s availability and routes. It is your responsibility to measure and verify that products will fit through all entry points; if a product does not fit, our return policy applies. Ensure pathways are cleared of obstructions like snow and ice, and prepare areas by moving furniture and securing items prone to damage before our team’s arrival. If residing in an elevator-equipped building, please reserve the elevator during the delivery timeframe. For buildings without elevators, our team can manage deliveries up to two floors above ground level, if safe and feasible, at the discretion of our delivery team. Orders with multiple items can opt for separate deliveries as products become available, though this may incur additional charges determined on a per-item basis. While our team is dedicated to delivering your product, they will do so if it safe to do so, in their professional discretion. White Glove Service: Our White Glove service delivers, unboxes, inspects, and assembles your order at your delivery address. However, our team will not move, reorganize, or disassemble existing furniture or items in your home. Rescheduling Your Delivery: To change your delivery date without incurring extra fees, call +1 905 474 2777, or vs writing email to [email protected] at least 2 business days before scheduled delivery; changes must be confirmed by us in writing and are subject to team availability; alternatively, you may collect your order from our warehouse or arrange a courier at your own expense. Identification on Delivery: An individual, 18 or older, with a government-issued ID must be present to sign for the delivery at your home or business. If not, or if delivery access is denied, we will decline delivery, retain the initial fee, and return your order to our warehouse. You can reschedule delivery for an additional fee or pick up your order from our warehouse. Notifications: At least one day before your scheduled delivery, we will contact you and confirm a 4-hour window on the delivery date that our delivery team will arrive. If you do not respond, we will proceed to deliver your order on the scheduled delivery date and time.
Customer Pick-Up: If you do not reschedule a missed delivery or opt to pick up your Order, you are required to collect it from our warehouse within 7 days of being notified that your order is ready for pick up. We will notify you via email, text, or call when your order is ready. Kindly schedule your pick-up at least 48 hours in advance, and we will confirm the exact pick-up timeslot with you, between Monday and Friday, from 9 a.m. to 5 p.m., excluding public holidays. You, or an individual authorized by you, in writing, must present the “Ready for Pick Up” confirmation (either printed or on your mobile device) and a government-issued photo ID for verification. Our team can assist in loading your order into your vehicle, but you are responsible for any damage incurred during this process. It is your duty to ensure your order is securely loaded and fastened for safe transport. Assembly is also your responsibility upon pick-up.
Inspection and Condition of Products On delivery, you are responsible for inspecting the product and its packaging for any damage or defects. When signing for your order, you must note any damage on the proof of delivery document provided by our team. You have a 24-hour window from the time of initial delivery to report any issues to us via email at [email protected]. If we do not receive notice from you within this period or if you unavailable or do not accept the initial delivery, it will be assumed that you have accepted the products in their delivered condition. If you discover a defect or damage not caused during the pick-up, report it within 24 hours and return the item in its original packaging to the pick-up location within 7 days. We will assess the concern and suggest a solution, but we cannot guarantee a specific outcome. The determination of defect is based on our evaluation and confirmation of the issue. If you do not report within the 24-hour window or return the product within the 7-day period, we will not be able to address your concern. Any damage during pick-up or assembly is your responsibility. Special Requests: If you have specific needs, for installation or inspection purposes, inform us in advance so we can plan better for your convenience. All our products undergo quality checks prior to leaving our premises. We recommend keeping the package sealed until you reach your final destination.
Failure to Accept Delivery and Storage: If you do not accept an order upon delivery or pick-up, it is deemed delivered per our Terms and Conditions, fulfilling our obligations. Costs and/or liabilities from failure to accept delivery are your responsibility, including storage and care charges. If you neglect or refuse delivery, we may handle or dispose of the products as we deem fit, without affecting our rights or your obligations. Not taking possession on delivery or opting for in-store pick-up renders products a final sale and sold “as is”. If you do not collect your product from our warehouse or if it is returned due to a missed delivery, we will hold it for you for 7 days from the scheduled pick-up or delivery date (“Courtesy Period”). If your order remains unclaimed following the end of the Courtesy Period, you will be considered non-compliant with our Terms and Conditions. If your Order remains unclaimed, we reserve the right to dispose of, relocate, or sell your product without further notice. Levida Furniture will not be responsible for any losses or damages arising from any event or occurrence under this paragraph, and you release us from any related claims. If your Order is not collected or if it is returned due to a missed delivery, Levida may charge a reasonable storage fee to cover the actual costs incurred for storing your Order. This fee will commence at the start of the end of Courtesy Period and will continue until you pick up your order or delivery is completed. The exact amount of the storage fee will be communicated to you in advance and will be due upon the delivery or pick-up of your Order. You acknowledge and agree that non-payment of any storage fees may result in additional actions as outlined in our Terms and Conditions, provided such actions are consistent with the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched.
Manufacturers Warranties: Select products in our collection are covered by a standard Manufacturer’s Warranty. If you find a defect within the warranty period that is covered under this warranty, please contact us. Our dedicated team will assess and, if applicable, repair the product according to the warranty’s terms. This warranty only covers products used for their intended purposes and excludes damages caused by misuse, improper care, accidents, wear and tear, or damages inflicted by pets.
No Other Warranties: NO EXPRESS OR IMPLIED WARRANTIES OF SUITABILITY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER WARRANTIES ARISING BY MADE BY LEVIDA FURNITURE INC.
LIMITATION OF LIABILITY: LEVIDA FURNITURE INC. SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE TO ANYONE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST SAVINGS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT LEVIDA FURNITURE INC. WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL LEVIDA FURNITURE INC. BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU HAVE ACCEPTED THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE PRICING AND UNDERSTANDS THAT THE PRICING WOULD BE HIGHER IF LEVIDA FURNITURE INC. WERE REQUIRED TO BEAR ANY LIABILITY. ANY PROVINCIAL OR FEDERAL SALES TAX, EXCISE TAX, CUSTOMS DUTY, GOODS AND SERVICES TAX, VALUE ADDED TAX OR OTHER DUTY, TAX, TARIFF OR LEVY, WHICH INCLUDES ANY ADDITIONAL COST, INCREASE OR OTHER CHANGE IN RESPECT OF THE FOREGOING, BEFORE OR AFTER THE PLACEMENT OF YOUR ORDER, APPLICABLE TO THE SALE, SHIPPING OR DELIVERY OF THE ORDER TO YOU SHALL BE FOR YOUR ACCOUNT AND SHALL BE PAID BY YOU FORTHWITH.
Arts: Levida Furniture Inc. is proud of its’ “Artists Community Support” initiative. In collaboration with various artists, including Aboriginal artists and other local and international talents, we aim to showcase their art on our website. While Levida Furniture Inc. supports such artists in this manner, it is not involved directly or indirectly in any sales of such artists’ products. Customers have the option to purchase selected artworks directly from our platform or be redirected to the artist’s own website for the transaction. It is important to note that any exchange, refund, warranty, or other terms and conditions related to the purchase of these artworks are solely determined by the artist’s policies. Levida Furniture Inc. does not hold responsibility for the terms set by individual artists. We advise customers to review the artist’s terms and conditions before making a purchase to ensure clarity on the artist’s policies.
Privacy Policy: At Levida Furniture Inc., we value and respect your privacy. Our practices are in line with the Personal Information Protection and Electronic Documents Act and relevant provincial regulations in Ontario.
Severability: If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity, legality, or enforceability of any other term or provision of this Agreement. Furthermore, any such invalid, illegal, or unenforceable term or provision shall be deemed severed from this Agreement, and the remaining terms and provisions shall continue in full force and effect as if such invalid, illegal, or unenforceable term or provision had never been included.
Headings: The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Governing Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereto irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of or related to this Agreement.
Consumer Protection Laws: Notwithstanding any other provision in this Agreement: (a) in the event you are an individual acting for personal, family or household purposes, and you are not acting for business purposes, then this Agreement shall be subject to any and all applicable laws protecting consumers (“Consumer Protection Law”) which may include the Consumer Protection Act, 2002 (Ontario) if applicable; and (b) in the event of a conflict between any of the terms and conditions set out in this Agreement and any applicable Consumer Protection Law, then such applicable Consumer Protection Law shall govern to the extent necessary to resolve such conflict and the terms and conditions of this Agreement shall be deemed amended to comply with such applicable Consumer Protection Law.