Terms & Conditions
Last updated: April 23, 2019
By making a purchase online, in-person or by telephone from Premium Living Products Inc., you agree to be bound by the below Terms and Conditions.
1. Your acceptance of this Agreement
This Agreement (the “Agreement” and the “Terms and Conditions”) represents a legally binding, contractual agreement between you (“you”) and Premium Living Products Inc. (“Premium Living Products”, “us”, “our” or “we”) with respect to your use of any website operated by or on behalf of Premium Living Products (each, a “Website”).
By using a Website, you are: (i) representing that you are a legal resident of Canada resident in Ontario, Newfoundland and Labrador, New Brunswick, Nova Scotia or Prince Edward Island (and for greater certainty excluding residents of Quebec), and have reached the legal age of majority in your jurisdiction of residence; (ii) indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement, as they govern your access to and use of a Website and any services, products, materials, or information available on or through a Website; and (iii) agreeing to comply with all applicable laws and regulations as they may change from time to time.
IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE. We suggest you print a copy of these Terms for your records.
2. Modification of this Agreement by Premium Living Products
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms and Conditions, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, where required by law, we will post the changes to these Terms and Conditions at least thirty (30) days (or such other period as may be required by law) before the modification comes into effect, and will indicate at the top of this page the date these Terms and Conditions were last modified.
In addition, if you have registered, where required by law, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided at least thirty (30) days (or such other period as may be required by law) before the change comes into effect and will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel the Agreement rather than accept the change. To the fullest extent permitted by law, as your sole remedy, where required by law you may refuse the modification and rescind, or cancel this Agreement without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the Website after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms and Conditions, as modified.
Subject to our right to make modifications, no other statements (written or verbal) will change these Terms and Conditions.
You may not make any changes to these Terms and Conditions.
3. Account Registration and Security
When you make a purchase through a Website, you must either register for a Premium Living Products account (an “Account”) or check out as a guest. If you choose to make a purchase as a guest, you will still be required to provide certain personal information to allow us to process your Order (as defined below). When you make a purchase with us through a Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) if you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete. You are solely responsible for the accuracy of all information that you provide to Premium Living Products, regardless of whether you register for an Account or purchase as a guest. In the event that you do not provide or update such information, or Premium Living Products has reasonable grounds to suspect that you have not provided or updated such information, Premium Living Products shall have the right, in its sole and absolute discretion, to prevent you from using any of its Websites.
If you have registered for an Account, it is your sole and absolute responsibility to keep the password and other information provided to you by Premium Living Products confidential and secure. In the event that your password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify Premium Living Products using the contact information below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.
4. Making Purchases through a Website
You may only make purchases through a Website if you are over the age of legal majority in your jurisdiction of residence. Purchases will only be shipped to a valid mailing address in Ontario, Newfoundland/Labrador, New Brunswick, Nova Scotia and Prince Edward Island (as determined by Premium Living Products in its sole and absolute discretion). We are not able to ship to PO boxes. In addition, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel any purchase you have tried to make on the Website (“Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping, or free shipping, though we may choose to make such offers from time to time in our sole and absolute discretion.
All Orders made through a Website are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Website relating to the Order. Pricing may be changed at any time without notice. Premium Living Products reserves the right, in its sole and absolute discretion, to change the prices offered on the website at any time, including without limitation, items that have been placed in your Cart. Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars. Prices offered on the Website may differ from those for purchases made through other channels.
You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through a Website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method.
Payment in full is due at the time you place your order. You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, or other charges. Taxes may depend on delivery location.
Payments are processed by a third party service provider. Premium Living Products will only charge you the invoiced amount, but your financial institution may charge you a service charge or other bank fees.
Premium Living Products reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
In order to complete an Order through a Website, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order, and valid shipping information to facilitate delivery.
Please note that adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it’s sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order.
5. Delivery
The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. Typically, for in-stock items we ship within 48-72 hours of confirming your order.
We will not be responsible for any delays in delivery which are beyond our control. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order, you may receive several shipments to complete your Order.
6. Premium Living Products Rights Regarding Orders
Without limiting the generality of any other section of this Agreement, Premium Living Products reserves the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through a Website to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.
7. Verification of Orders by Premium Living Products
All Orders are subject to verification by Premium Living Products at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Premium Living Products ): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement. In order to help protect you and Premium Living Products from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform a fraud prevention verification.
8. Return/Exchange Policy
To view our return and exchange policy, Click Here.
9. Damaged Goods
We do our best when delivering products to minimize damages. There are times that a unit may arrive damaged. It is very important to inspect the item upon delivery. If you notice any dents or punctures on the package please refuse the delivery or make note of it on the bill of lading. If the unit was accepted and signed for and concealed damage is found, the damage must be reported within 48 hours of receipt. If damage is found, call or email Customer Care at 1-877-220-5318 or support@premiumlivingproducts.com as soon as possible.
If the item is refused on delivery due to damage, we will try to get you a new unit as soon as possible. If the item requires minor repairs, at Premium Living Products’ discretion, we will send an authorized service technician to try and repair the unit. We are not able to offer repairs for all brands we support.
10. Errors/Misprints
Prices and availability are subject to change without notice.
Errors will be corrected where discovered. Premium Living Products reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including orders that have been submitted but not delivered (regardless of whether a payment or partial payment has been collected).
If you have already been charged for the purchase and your order is cancelled due to an error, Premium Living Products will issue a credit in the amount of the charge to the same payment method as originally used (where possible). Individual bank policies will dictate when this amount is credited to your account.
While Premium Living Products takes steps to ensure the accuracy and completeness of product and third-party services information provided, please refer to the originator of the information (e.g., the manufacturer) for complete product details.
11. Electronic Transmissions
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Premium Living Products does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using a Website. In no event will any information you provide on or through a Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. While efforts are made to help ensure that our Websites are suitable for use on a various mobile and other devices, you should take reasonable and appropriate precautions to ensure compatibility of any Website you visit with your specific mobile or other device.
12. Ownership of Websites
The Website(s) consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Website Content”) that have been provided by Premium Living Products and/or other individuals or entities. All such Website Content is owned by Premium Living Products and/or the applicable third party. You hereby acknowledge that the Website and each component of a Website (including, without limitation, the Website Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of a Website and/or any Website Content does not grant or transfer to you any ownership or other rights in the Website or any component of the Website (including, without limitation, the Website Content), and except as expressly provided, nothing herein or within a Website or any component of a Website shall be construed as conferring on you or any other person or entity any license under any of Premium Living Products ’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved.
You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit a Website, or any of the Website Content, in whole or in part, except as expressly authorized by Premium Living Products. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with Premium Living Products’ ownership of a Website and/or Premium Living Products’ ownership of, or any third party’s ownership of, any Website Content. You are hereby expressly prohibited from removing any proprietary notice of Premium Living Products, or any third party, from any copy of a Website or any Website Content.
13. Trade-Marks
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within a Website and/or Website Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Premium Living Products or other third party individuals or entities. Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Premium Living Products are the property of their respective owners, and, where used by Premium Living Products are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on a Website may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Premium Living Products’ ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.
14. Limited License to use Website
Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website. Subject to the terms and conditions in this Agreement, Premium Living Products hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Website for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to a Website or any Website Content that is not expressly authorized under this limited licence. Your limited license to use our Website and the Website Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).
15. Additional Restrictions
Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:
a. use, copy, modify, download or transfer a Website or any Website Content, in whole or in part, except as expressly provided in this Agreement;
b. (i) reverse engineer, disassemble, decompile, or translate a Website or any or any Website Content; (ii) attempt to derive the source code of a Website or any or any Website Content; (iii) create any derivative work from a Website or any or any Website Content; and/or (iv) authorize or assist any third party to do any of the foregoing;
c. rent, lease, loan, resell, or otherwise distribute a Website or any or any Website Content;
d. remove or alter any proprietary notice or legend regarding Premium Living Products’, or any third party’s, proprietary rights in a Website or any Website Content;
e. use a Website or any Website Content except in accordance with the terms of this Agreement and all applicable laws and regulations; and/or
f. use a Website or any Website Content: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability.
16. Privacy
Without limiting the generality of the terms and conditions of this Agreement, your use of a Website is also subject to the terms of the Premium Living Products Privacy Policy (the “Privacy Policy”). Please carefully review the Privacy Policy.
17. Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WEBSITE AND EACH COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF A WEBSITE AND EACH COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) RESIDES WITH YOU. PREMIUM LIVING PRODUCTS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, PREMIUM LIVING PRODUCTS IS NOT RESPONSIBLE FOR ANY MANUFACTURERS WARRANTY THAT MAY ACCOMPANY A PRODUCT SOLD THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PREMIUM LIVING PRODUCTS MAKES NO REPRESENTATION OR WARRANTY THAT: (I) A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT), INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM A WEBSITE WILL BE SECURE; (V) THE USE OF A WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.
THE INFORMATION AVAILABLE ON OR THROUGH A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH A WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH A WEBSITE IS SOLELY AT YOUR OWN RISK.
THE PREMIUM LIVING PRODUCTS ENTITIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT). YOU EXPRESSLY ACKNOWLEDGE THAT PREMIUM LIVING PRODUCTS HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES ITS WEBSITE(S) AND EACH COMPONENT OF EACH WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PREMIUM LIVING PRODUCTS. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
18. Governing Law
This Agreement, your use of a Website, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of a Website and any related matters.
19. Termination
If you breach any provision of this Agreement (as determined by Premium Living Products in its sole and absolute discretion), then you may no longer use our Website(s) or any component of our Website(s) (including, without limitation, the Website Content). We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, a Website or any component of a Website (including, without limitation, the Website Content) or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use a Website is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of our Website(s) and anything relating to or arising from such use. If you are dissatisfied with a Website or any component of a Website (including, without limitation, the Website Content), then your sole and exclusive remedy is to discontinue using our Website(s).
20. Language
To the extent Premium Living Products translates this Agreement into other languages for your convenience or as required by applicable law, the English version governs your relationship with Premium Living Products , and any inconsistencies among the different versions will be resolved in favour of the English version. The parties expressly wish that the Terms, Policy and any related documents be drafted and executed in English. C’est la volonté expresse des parties que les conditions, la politique et tous les documents qui s’y rattachent soient rédigés et signés en anglais.
21. General
If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
22. How to Contact Us
If you wold like to contact Premium Living Products, you may reach us at:
265 Frobisher Dr. Unit 1 Waterloo ON Canada N2V 2G4
1-877-220-5318
