Terms of Sale in effect as of April 1, 2019.
THESE TERMS OF SALE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES AS WELL AS APPLICABLE LIMITATIONS AND EXCLUSIONS. PLEASE READ THEM CAREFULLY.
This Agreement covers the terms and conditions (the “Terms of Sale”) that apply to a customer’s (“You” or “Your”) purchase from FloorBox Inc. (“FloorBox”) and its suppliers’ ( “Suppliers”) products as sold through www.TheFloorBox.ca (the “Website” or “Site”). As a condition of Your purchase of products from the Website, You accept and agree to be bound by these Terms of Sale.
These Terms of Sale are subject to change at any time and without prior written notice, at FloorBox’s sole discretion.
1. Product Presentation and Pricing:
- Product Pricing:
- The price of a product shown on the Site represents the full retail price for the product as set by FloorBox and/or the manufacturer or supplier of the product in question and is based on standard industry practice or the estimated retail value for a comparable product offered elsewhere (the “Price List”).
- Notwithstanding any information to the contrary indicated in these Terms of Sale, the List Price does not include shipping and handling charges, customs, duties, or any taxes applicable to Your order.
- You acknowledge that placing an item in a cart on the Website does not reserve the List Price for the subject product shown at that time for a future purchase. It is possible the List Price of the item in Your cart may increase or decrease between the time You place the item in Your cart and the time You actually purchase the product in question. The final and total cost of the order will be adjusted according to this variation higher or lower.
- Site Content and Product Descriptions:
- FloorBox is not liable for any errors on and/or omissions from the Site, including but not limited to any product presentation page for any product listed for sale on the Site. FloorBox has the right to change the information, prices, specifications, and descriptions for any products or services presented on the Site at any time without notice. FloorBox does not guarantee that any product description or content on the Site is accurate, complete, reliable, current, or free of error.
- FloorBox is under no obligation to fulfill an order for a product that was advertised at an incorrect List Price. If there is a mistake in the List Price of a product or service You have ordered, FloorBox will inform You with as little delay as reasonably possible. After You have been informed of the correct List Price for the product in question, You will be given an opportunity to reorder the product at the correct List Price through a separate transaction (subject to the terms and conditions of these Terms of Sale). If You have already paid for the product in question at the incorrect List Price, FloorBox will refund You the full amount paid subject to these Terms of Sale.
- FloorBox makes all reasonable efforts to correctly display the colour, texture, and details of products presented on the Site. However, FloorBox cannot guarantee that the colour, texture, or detail You see match that of the actual product. Differences in colour, texture, and details may occur, as a result of but not limited to the computer monitor used to view the products on the Site and the display settings and capabilities of such monitor.
2. Processing of Orders:
- Receiving an electronic or other type of order confirmation does not imply that FloorBox has accepted Your order, neither does it guarantee FloorBox’s offer to sell the products in question. All orders are received and accepted in the Province of Quebec, Canada.
- After receiving Your order, FloorBox reserves the right to decline, refuse, or cancel Your order at any time for reasons including but not limited to (i) non-availability of products, (ii) unsatisfied payment terms, (iii) product pricing mistakes, (iv) restrictions or interdictions on the products’ sale or use, (v) if FloorBox determines, at its sole discretion, that Your order was made for commercial resale purposes, and/or (vi) any other violation of these Terms of Sale. If You have already paid for the order and FloorBox cancels it, FloorBox will immediately issue a refund of
the exact amount remitted for the unaccepted or cancelled order.
3. Customized Orders:
- Some products available from FloorBox may be labelled on the Site as, described on FloorBox’s product quote or invoice as, or otherwise confirmed by FloorBox as a customized product (collectively referred to as “Customized Orders”).
- Unless indicated otherwise in these Terms of Sale, Customized Orders cannot be altered, cancelled, or refunded once an invoice has been issued.
- All deliveries of Customized Orders must be accepted within thirty (30) days of FloorBox’s or its agent’s first attempt at delivery (the “First Delivery Attempt”), otherwise storage fees will be applied to Your order (75$ / skid / month). If delivery of a Customized Order is not accepted within sixty (60) days of the First Delivery Attempt, the Customized Order will become the property of FloorBox or the supplier.
- Delivery times cannot be guaranteed for Customized Orders. Delivery lead times for Customized Orders are estimations only and may be subject to change.
4. Container Orders:
- Products can be purchased from FloorBox by the container (“Container Orders”). Container Orders must be placed by contacting FloorBox by phone at 1-888-456-3269 (North American and international customers). Different products and delivery locations require different Container Order lead times, which may vary significantly.
- Fifty percent (50%) of a Container Order must be paid to FloorBox as soon as the order is placed (called the “Container Order Deposit”), with the remaining fifty percent (50%) due upon delivery.
- Unless otherwise stipulated in these Terms of Sale, Container Order deliveries must be arranged with a FloorBox representative. Container Order delivery options will vary depending on the kinds of products ordered and the delivery address. All other terms provided in these Terms of Service relating to delivery (including but not limited to the Delivery Cost section) are also applicable on Container Orders.
- Container Orders that are also Customized Orders are subject to the payment terms outlined in Section 3 above.
- You must open a commercial account (“Commercial account opening Form”) with FloorBox and have it approved by the FloorBox credit team prior to placing Your Container Order, otherwise Your Container Order will not be accepted.
5. Modifications and Cancellations:
- Order Cancellations:
- Orders other than Customized Orders and Container Orders may be cancelled before delivery has been confirmed, subject to these Terms of Sale.
- Order Cancellation requests must be sent to firstname.lastname@example.org and received and acknowledged by FloorBox before delivery or pick-up of the order, in accordance with these Terms of Sale.
- If the order has been already prepared for pick-up by our supplier at the time the cancellation request is received, Order Cancellation fees may apply.
- Order Modifications:
- For orders other than Customized Orders and Container Orders, modifications to an order may be requested so long as You understand that:
- Your modified order may entail additional charges;
- Your modified order may result in changes to shipping, handling, and/or delivery costs;
- Your modified order may produce a delivery delay;
- You must submit Your request for modification to email@example.com; and
- Your modification request must be received and acknowledged by FloorBox before delivery or pick-up of the order, as per these Terms of Sale.
- For orders other than Customized Orders and Container Orders, modifications to an order may be requested so long as You understand that:
6. Terms of Payment:
- Terms of payment are at FloorBox’s sole discretion. Unless otherwise confirmed in writing by FloorBox, payment must be received, authorized, or secured in a form approved by FloorBox prior to its acceptance of an order.
- Order must be paid using an approved credit card, wire transfer, Accord D, electronic funds transfer, or some other prearranged payment method stipulated in a written agreement and accepted by FloorBox.
- Invoices are due and payable by the date(s) specified on the invoice through electronic (including but not limited to email) confirmation between FloorBox and You.
- FloorBox may separately invoice parts of an order.
- Orders are not binding until they are accepted by FloorBox (see the Processing of Orders section above).
- Any estimates given by FloorBox are only valid for the period stated on the estimate. FloorBox reserves the right to adjust or cancel estimates as required.
7. Shipping and Delivery:
- FloorBox offers international delivery based on Your Shipping Address. Some restrictions may apply depending on the size and contents of Your order and any legal restrictions. Shipping is not available to post office boxes.
- Shipping Address:
- The FloorBox delivery agent(s) will deliver Your order to the Shipping Address provided at time of purchase, which is written on Your order’s invoice (referred to as the “Shipping Address”).
- Delivery dates or lead times provided by FloorBox are estimated dates/times only and subject to change. FloorBox cannot guarantee the date or time Your order is delivered.
- The actual delivery date for Your order depends on many factors, including but not limited to the size and contents of Your order, the delivery method, and chosen delivery option(s) that were available when Your order was processed.
- Delivery Cost:
- You are responsible for all costs, including but not limited to customs and duties, related to the shipping and delivery of Your order to the Shipping Address.
- You must provide FloorBox with accurate and complete information to facilitate the delivery of Your order by FloorBox and/or its delivery agents.
- The shipping rates and delivery pricing provided by FloorBox are for Standard In-Home Delivery only. Additional charges may apply if FloorBox is unable to contact You before the delivery date, or if You are unable or unavailable to accept delivery of Your order, or if Your order must be redirected at Your request.
- If the quoted shipping rate and/or delivery pricing is incorrect due to typographical error, a mistake in the product’s attributes as described by a Supplier, or a pricing error by FloorBox’s delivery agents, FloorBox has the right to refuse, adjust, or cancel the order, even if the order has been confirmed and/or the payment has been received.
- Subject to these Terms of Sale, FloorBox may offer delivery promotions to its customers, including discounted or free delivery for certain products on the Site (referred to individually as a “Shipping Promotion” and collectively as “Shipping Promotions”). Shipping Promotions are only available to customers with delivery addresses in the Canadian provinces of Quebec and Ontario and are subject to (i) product inventory levels in Your region, which is determined by Your Shipping Address, (ii) the location of Your Shipping Address. Shipping Promotions may be changed or terminated at any time and at FloorBox’s sole discretion without notifying You and without any liability on the part of FloorBox. Notwithstanding any statement to the contrary in this provision, the cost of Your order (including any costs related to the shipping and delivery of Your order to Your Shipping Address) will be provided on Your order’s shopping cart page prior to purchase and on the FloorBox invoice for Your order.
- Delivery Options:
- Standard In-Home Delivery: Your order will be delivered to the Shipping Address only, unless a different agreement is made in writing with FloorBox. Standard In-Home Delivery includes delivery to the Shipping Address and the unloading of the truck by FloorBox’s delivery agents. If delivery is to a house, the FloorBox delivery agent will unload Your order from the delivery truck and leave it inside Your house in the room immediately beyond the door of entry (for example, in a garage if delivery is made through a garage door, or in a hallway or entranceway). Standard In-Home Delivery does not include delivery into a specific room of Your house. If delivery is to a condominium or apartment, Your order will be left in front of the first inside door for buildings containing an entranceway with two doors. For buildings with no enclosed entranceway, the order will be deposited in front of the door to the building. Standard In-Home Delivery does not include delivery into a specific unit of a condominium or building. The maximum number of staircases included in Standard In-Home Delivery is three floors. If there is an elevator then there is no maximum number of floors. See www.thefloorbox.ca/Shipping for more information about delivery.
- Order Inspection and Receipt:
- Ownership of the products in Your order is transferred from FloorBox and/or the supplier to You once the order has been delivered to Your Shipping Address and You have accepted the order.
- Upon delivery of Your order, You must inspect the delivery for missing items and damages. Any loss or damage claims must be recorded and filed according to these Terms of Sale.
- Risk of loss for Your purchased products is transferred to You upon transfer of title as explained above.
- Manufacturer Warranty and Claims:
- FloorBox offers no other warranties except those explained in these Terms of Sale and the warranty provided by the manufacturer of a given product that is in effect on the date that product is purchased.
- All warranties offered are provided solely by product manufacturers. Limited warranties for specific products sold by FloorBox or the supplier is communicated under the “Warranty” section of each product’s display page(s) on the Site. Each limited warranty applies to every respective product sale by FloorBox or the supplier.
- Any such warranties are considered in effect and will be honoured by FloorBox only if You have paid in full for the warrantied product.
- Before You can return any product, You must contact FloorBox to receive a Warranty Authorization (WA) number within the time period provided by the manufacturer (please refer to the specific manufacturer’s warranty for the product). The WA number can only be used for its associated product. The returned product must match the product described in the Warranty Authorization in order to be accepted for return.
- All returns must be received by the manufacturer or supplier within thirty (30) days of Your receipt of the WA number. Shipping arrangements for returns must be processed by FloorBox’s shipping department. You are responsible for any shipping charges associated with returning Your order unless the manufacturer has stated in its warranty that it will accept responsibility for such costs. Where possible or as specified by the manufacturer’s warranty, Your order must be in “as new” condition and in its original packaging, including all warranty materials, manuals, and other accessories. To return Your order, You must include the original packing slip and indicate the WA number on the outside of the return shipment packaging.
- FloorBox may ask You to submit a brief written explanation as to why You want to return a product and provide photos of the product in question if You would like to make a warranty claim. An on-site product inspection may also be required. A FloorBox representative will inform You of any details relating to Your warranty claim. Warranty claim validations are at the sole discretion of FloorBox.
- Claims for Shipping Mistakes and Damages:
- Once an order has been delivered to the Shipping Address, You are responsible for inspecting the order as per these Terms of Sale.
- If any items are missing or damaged, please do the following:
- write down how many boxes are damaged and/or missing contents beside Your signature on the delivery receipt provided by FloorBox or the shipping agent (the “Delivery Receipt”);
- take pictures of the order as it arrived at the Shipping Address;
- write down details of the damaged or missing materials using the words “damaged” or “missing” as applicable; and
- report the damaged or missing material to FloorBox at firstname.lastname@example.org within thirty (30) days of the date You received Your order.
- Upon following FloorBox’s claims process as described in these Terms of Sale and once FloorBox has validated Your claim, it is then at FloorBox’s sole discretion to arrange to either reship replacement product(s) in the case of damages or additional product(s) in the case of missing items at FloorBox’s expense or give You compensating credit for the value of the damaged or missing items.
- c.30-Day Money-Back Guarantee:
- Any product can be returned for any reason within 30 days of delivery and qualify for a refund of the purchase price subject to the conditions below (the “Guarantee”).
- The following conditions must be fulfilled to qualify for this Guarantee:
- You must ask to return Your order within 30 days of the order’s original delivery date;
- You must return the product in its original packaging and in the same condition as when it was delivered;
- You must not use, modify, install, or mark the product in any way;
- Products that are clearance items, special orders, Customized Orders, and/or Container Orders are not covered by this Guarantee;
- FloorBox does not accept title to returned orders until the order arrives back at a FloorBox partner or agent warehouse and FloorBox has received written confirmation that all Guarantee conditions have been met;
- You must pay all shipping and handling costs for the return of Your order to the location indicated by FloorBox (the “Return Shipping Costs”). Return shipping will be coordinated by FloorBox, its supplier(s) and/or service providers.
- Full Refund: To receive a full refund for Your order under the Guarantee, Your order must (i) comply with the above conditions stipulated in Section 8(c) and (ii) be returned in its entirety with no missing items. So long as the aforementioned terms are satisfied, FloorBox will coordinate the collection of the order and fully refund its purchase price minus the Return Shipping Costs.
- Some products may need to acclimatize to the installation environment before they can be installed. FloorBox recommends that products should only be installed, whether by a contractor or You, after the product has been allowed to acclimate to its environment. Once a product is installed, You cannot make any quality claims against issues such as milling, grading, end matching, average length, pattern variation, or similar issues.
- Container Order Refunds: Once a container order has been placed and the deposit of the container order has been paid, FloorBox sends an order report for acceptance to the entity that placed the ordered container. This will confirm that the order is correct and place the order to the supplier. Container orders can not be canceled and the container order deposit can not be refunded after an order confirmation. Once the container is put into production no cancellation and refund will be possible.
THE WARRANTIES MADE IN THESE TERMS OF SALE ARE SPECIFIC TO THE MANUFACTURER(S) OF THE PRODUCTS OFFERED. OTHER THAN THE MANUFACTURER’S WARRANTY AND THE AFOREMENTIONED GUARANTEE, FLOORBOX DISAVOWS ANY OTHER WARRANTY, GUARANTEE, REPRESENTATION, ENDORSEMENT, OR CONDITION, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM STATUTE OR OPERATION OF LAW, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, DURABILITY, QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT FLOORBOX KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS AWARE OF ANY SUCH PURPOSE) REGARDING THESE TERMS OF SALE, THE WEBSITE, AND ALL PRODUCTS PRESENTED OR REFERENCED THEREIN. FLOORBOX ALSO DISAVOWS ANY IMPLIED WARRANTY THAT MAY ARISE FROM TRADE USAGE, OUT OF A COURSE OF DEALING OR PERFORMANCE, OR BY OPERATION OF LAW. FLOORBOX DOES NOT CLAIM THAT ANY PRODUCT(S) AVAILABLE FOR SALE ON ITS SITE ARE ERROR- OR DEFECT-FREE, NOR CLAIM THAT EVERY DEFECT WILL BE CORRECTED, NOR THAT ANY PRODUCTS COMPLY WITH THE PARTICULAR REGULATORY RESTRICTIONS OF ANY GIVEN GEOGRAPHICAL AREA. IT IS THE PURCHASER’S RESPONSIBILITY TO ENSURE THAT USE OF ANY PRODUCTS PURCHASED IS IN CONFORMITY WITH ALL LOCAL, REGIONAL, NATIONAL, AND INTERNATIONAL CODES AND REGULATIONS.
FURTHERMORE, FLOORBOX DOES NOT OFFER ANY WARRANTY AGAINST ERRORS, DEFECTS, MISTAKES, OR DATA ERRORS, CONTENT, INFORMATION, MATERIALS, REPORTS, OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF ITS SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED ON THOSE SERVERS, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR BY WAY OF ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY FLOORBOX, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND THAT RESULTS FROM USING THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR MADE AVAILABLE BY OTHER MEANS THROUGH THE SITE. THE SITE AND ALL ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACCEPT TO USE THE SITE AT YOUR OWN RISK.
10. Limitation of Liability:
FLOORBOX ACCEPTS NO LIABILITY OTHER THAN REMEDIES EXPRESSLY STATED HEREIN. YOU AGREE THAT FLOORBOX, ITS SUBSIDIARIES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTORS, AND OTHER REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, DATA, OPPORTUNITY, OR BUSINESS, NOR FOR ANY OTHER DIRECT, FINANCIAL, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES CAUSED IN ANY WAY WHATSOEVER IN RELATION TO THESE TERMS OF SALE, THE SITE, YOUR USE OF THE SITE, OR YOUR PURCHASE OF ANY PRODUCT FROM THE SITE, IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF FLOORBOX WAS ADVISED OF SUCH POTENTIAL DAMAGES.
YOU AGREE THAT WITH REGARD TO ANY LIABILITY RELATED TO THE SITE, THESE TERMS OF SALE, AND YOUR PURCHASE OF PRODUCTS OR SERVICES FROM FLOORBOX OR A SUPPLIER THROUGH THE SITE, FLOORBOX IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES ABOVE THE TOTAL DOLLAR AMOUNT PAID BY YOU FOR YOUR ORDER THAT IS THE SUBJECT OF THE ALLEGED LIABILITY. THIS LIMITATION WILL APPLY IRRESPECTIVE OF THE KIND OF ACTION (I.E., WHETHER THE LAWSUIT IS IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, OR ANY OTHER THEORY OF LIABILITY).
11. Governing Law:
- The Site (not including any third-party linked websites) is controlled by FloorBox from its offices in the Province of Quebec, Canada. The Site is available for access to anyone in any province or territory of Canada, as well as in other countries around the world. Since those countries have different laws from those in Quebec, You agree by accessing the Site that any issue relating to access or use of the Site, or any other linked website, will be governed by the laws in effect in the Province of Quebec and Canadian federal laws notwithstanding any conflict in legal principles.
- You also agree to submit to the jurisdiction and courts of the Province of Quebec on a voluntary basis and accept responsibility for complying with that province’s laws.
- To clarify the above, You hereby waive (1) any right to object to the venue or jurisdiction because it is an inconvenient forum or for any other reason and (2) any statutory or other right provided by Your jurisdiction in which You are a resident to hold a court case or arbitration relating to these Terms of Sale for adjudication or resolution in Your jurisdiction.
- Any rule of interpretation, law, or regulation that allows a contract to be interpreted against the drafter will not apply to these Terms of Sale.
All references to dollar amounts, including prices, on FloorBox’s Site and in these Terms of Sale are in Canadian currency.
You agree that any dispute, controversy, or claim between You and Floorbox, whether it involves a third party, arises out of, in connection with, or in relation to Your relationship or agreement with FloorBox, these Terms of Sale, the purchase or use of products from FloorBox, and/or privacy or confidentiality rights, including, without limitation, any dispute regarding: (i) the existence, validity, application, interpretation, performance, enforcement, or termination of these Terms of Sale; or (ii) the quality, suitability, fitness, saleability, durability, safety, design, manufacture, distribution, sale, purchase, delivery, instruction, warning, performance, or use of any product purchased from FloorBox (referred to collectively as a “Dispute”) will be solely and exclusively referred for arbitration in and resolved according to the laws of Quebec province.
These Terms of Sale and its rights and obligations will be binding on and enure to the benefit of the parties and their successors and permitted assigns.
16. Force Majeure:
Neither FloorBox, nor any FloorBox supplier, agent, or contractor will be responsible for an inability to fulfill any of their obligations nor for any damages of any kind in law or equity that You may endure that result from such an inability or delay, if such inability or delay is beyond the control of FloorBox, a supplier, agent, or contractor, including but not limited to any act of God or public enemy, acts of government, riots, strikes, quarantines, accidents, or the inherent nature or vice of goods transportation.
17. English Language
The parties agree that these Terms of Sale and all materials referenced herein will be drawn up in English and in French.