Terms of service
OVERVIEW
This website is operated by divinusfurniture . Throughout the site, the terms “we”, “us” and “our” refer to divinusfurniture . divinusfurniture offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: Refund policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: Refund policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall divinusfurniture , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless divinusfurniture and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - SUPPLIER RESPONSIBILITY
The products listed on our website are sourced from third-party suppliers ("Suppliers") to Divinus Futrniture. These Suppliers are responsible for ensuring the accuracy of product information, including any consumer warnings or safety information. Please note that Divinus Furniture is not liable for any inaccuracies or omissions in the product information provided by our Suppliers.
SECTION 21 - USERS GENERATED CONTENT & THE USE OF SOCIAL MEDIA TAGS
By sharing, submitting and uploading any of your data or content, including but not limited to photographs, images, videos, music, art, or comments, to the divinusfurniture.com, social media channels (including without limitation to @divinusfuniture, #divinusfurniture, or any other similar social media tag related to divinusfurniture.com), including but not limited to Instagram, Twitter, and Facebook, and pages dedicated to Divinus Furniture in discussion forums like Reddit, you grant Divinus Furniture a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, share, prepare derivative works of, display and perform your user data, in any manner for the benefit of Divinus Furniture. You acknowledge and agree that you are solely responsible for all the user data that you make available by or through such means. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases necessary to grant Divinus Furniture the required rights to disseminate any user data and content, and (2) neither your data and content nor your posting, uploading, publication, submission or transmittal of this data and content or Divinus Furniture use of your uploaded data and content (or any portion thereof) on, through or utilizing the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of publicity or privacy or result in the violation of any applicable law or regulation.
SECTION 22 - TERMS OF SALE
Sales Promotions
Any contests, raffles, surveys, games, or similar promotions made available through divinusfurniture.com or any of our retail locations may be governed by rules that are separate from these Terms and Conditions. If you participate in any of these promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will govern and will be displayed in any in-store or online promotion within the emails and promotion content.
General Terms of Sale
- Ordering Products Online
You can place orders for Products with us by following the process outlined on our Site. You acknowledge that by placing an order with us, you will be under obligation to pay for the Products once your order is accepted. Our order process allows you to check and change any errors before submitting your order to us. It is essential to take time to read and check your order at each stage of your ordering process. All orders are subject to acceptance by us. We will send you your order confirmation by e-mail after receiving your order. This is what will constitute acceptance by us. We will charge your chosen payment method after we accept your order. Unfortunately, we cannot stop an order once it has been dispatched for delivery. If you change your mind about your order at this point, you can reject the delivery or return the Products to us in accordance with our Return Policy. Specific delivery and return shipment fees fall upon the customer as outlined in the Return Policy.
We reserve the right, without notification, to limit the order quantity on any item and/or refuse service to any customer. The verification of your information may be required prior to the acceptance of any order and includes the collection of personal information that will be processed in accordance with our Privacy Policy.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, or restrict or terminate any account for any reason, at our sole discretion.
2.Product Delivery ETAs
All product ETA's that we give are estimates only. This means they can change at any time & Sundays cannot assume any responsibility for any product delays due to shipping or production.
3. Availability
All orders for Products are subject to the availability of those Products and the materials used for making those Products. If for any reason, the Products you have ordered are not available or are subject to any delay, we will inform you as soon as possible. Generally, pre-order items will be clearly displayed.
4. Images, Color, and Sizing of Products and Product Descriptions
We have made every effort to display the Products, their colour, and their sizing accurately. However, any information presented through or on our Site is made available solely for general information purposes. We cannot guarantee that your computer will display the colours accurately. The Products delivered to you may vary slightly from the images of Products posted to the Site. Although we have made every effort to be as accurate as possible, the measurements, dimensions, weights, and weight capacities shown on our Site are approximate only. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability arising from such reliance placed on any materials and Product information by you or any visitor to the Site. The Site may include content provided by third parties. We do not warrant that statements, opinions, or content expressed by these third parties or us through the Site are accurate, complete, reliable, current, or error-free.
5. Prices of Products
We have made every effort to display the Product prices accurately. However, the pricing of Products may change from time to time, without specific notice to you, and at our sole discretion. Due to the large number of Products on our site, it is always possible that some of the Products listed may be incorrectly priced, despite our efforts of accuracy. Where permitted to do so according to applicable law, we have the right to cancel an order in the event that an order was caused by human or system error.
6. How to Pay
We accept all major credit cards (VISA, Master Card), and Splitting Payment Plan.
7. Delivery & Pick-Ups
Please see our Shipping / Returns statement for more information.
8 Cancellations, Refunds and Exchanges
Please see our Shipping / Returns statement for more information.
9. Risk and Ownership
Risk of loss and title for Products purchased from Divinus Furniture to be delivered at a later date, pass to you upon our hand off of the Product to our delivery partners. Ownership of the Products will pass to you when we receive your full payment for the sum of your order regarding the Product(s), including delivery charges.
10. Our Warranty
We hope you will be pleased with everything you purchase from Divinus Furniture. But we completely understand that things happen, and in the unlikely event that your items arrive to you in less than perfect condition, please do not hesitate to get in touch.
Our manufacturer's warranty covers all defects in materials and construction for one year from the Product's delivery or the in-store purchase date, whichever is earlier.
If your order arrives to you damaged or faulty, please collect your order number, the date your damaged Products came to you, and images that highlight the damages or defective attributes, and send them to our Customer Care department info@divinusfurniture.com A member of our dedicated team will investigate and have a response to you within 72 business hours to let you know the next steps of the process.
If you experience any issues with your Divinus Product relating to the delivery, assembly, or anything at all, please reach out to our team. We can organize replacement parts, repair, and in individual cases, a complete replacement. If any of these situations occur, we exclude any transportation costs. Please reach out to us to see what we can assist with.
Please note that our warranties are non-transferable and are not extended to our As-Is or floor model items, or to re-sale or second-hand items. Our warranties are only valid when Products to the extent that Products are used for their intended purposes. Defects or damages resulting from misuse, accidents, abnormal use, modifications, normal deterioration due to wear, tear and exposure, corrosion or damage caused by rain, fire or other causes of acts of nature, or Products used for but not listed as commercial-use items, will not be covered by our warranty.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@divinusfurniture.com.
Our contact information is posted below:
Divinus Furniture
info@divinusfurniture.com
460 42 Ave SE, Calgary , AB T2G1Y5
+1 6043381123
749942017
749942017RT0001