Terms & Conditions

Article 1. General Conditions of Sale

Customer Contact Information

The Customer’s contact information is the information you provided in the registration form. This contact information also appears in the order confirmation email (the “Order summary”).

Corporation Contact Information

The Corporation’s contact information is as follows: support@nookliving.ca

Object of Agreement

Under this Purchase Distance Contract (the “Agreement”), the Customer purchases the products listed in the Order summary.

Consideration

The sales price is the price indicated in the Order summary and is due at the end of this Agreement. Our Website uses Shopify’s electronic commerce solutions to process online orders. You must provide your payment information when making a transaction on our Website, in which case you shall be subject to Shopify’s Terms of Service. Shopify accepts the following payment methods: PayPal, Visa, Mastercard, American Express and Apple Pay.

Date

This Agreement is formed on the time and date on which the Order summary and this Agreement are sent to the email address provided upon registration. Such confirmation email also includes the expected delivery date and the location where the order will be delivered.

Delivery Charges

Shipping and handling fees, if applicable, are indicated in the Order summary (including applicable taxes).

Credit Cards and Order Confirmation

In order to purchase products on our Website, you must at times provide information, which includes but is not limited to credit card information used for payment and billing. By making a purchase, you agree to pay all costs incurred by yourself or by the credit card user in respect of the order placed. The Customer agrees to comply with the terms and conditions of this Agreement when making a transaction on the Website.

Restrictions and Other Obligations of the Customer

The purchase of products on the Website is subject to the following restrictions and obligations: The Corporation reserves the right to refuse an order on any reasonable grounds; If products purchased by the Customer are resold to a third party, then the Customer entirely discharges the Corporation of all liabilities arising from the assembly, disassembly or any other handling by the Customer or by a third party of the products.

Safety

Some products offered on our Website have inherent securiy risks if they are not installed or handled properly. The Customer undertakes to be cautious when assembling, installing and handling products sold by the Corporation. The Customer also agrees and undertakes to read all necessary documentation for user safety regarding product assembly, installation and usage.

Modifications

The prices posted on the Website are subject to change without notice. The Corporation reserves the right to correct all errors in the prices posted on the Website. The Customer therefore declares that he or she is aware of the prices posted on the Website when entering this Agreement.

Cancellations

The Customer may cancel an order placed on the Website as long as the order has not been shipped. To cancel an order, the Customer must refer to the SHIPPING AND RETURN POLICIES. If the order has been shipped (including if the order is in transit), then the Customer must refer to the Returns section below.

Returns

Unless otherwise specified on our Website, all products purchased by the Customer on our Website can be returned for a refund if the conditions of the SHIPPING AND RETURN POLICIES are met. For more information, please contact our customer service at support@nookliving.ca.

Product Damage or Error of Content

All aspects of each delivered product are carefully examined and packaged before the product leaves the Corporation’s warehouse. However, if you find an error or if an item or part is missing from the order, then you may choose one of these three options:

A. Write to support@nookliving.ca and include the following elements in the email:

The part ID number;
A picture of the damaged or defective part;
A description of the problem;
The order number;
The shipping address.

The Corporation will then send you the replacement part at no extra charge.

B. Refuse to replace the part, in which case you should refer to the return process in section 12.

Limitations of Warranty

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CORPORATION MAKES NO REPRESENTATION OF ANY SORT WHATSOEVER AND DOES NOT OFFER ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, PRODUCT COLOURS, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

Article 2. Product Delivery

Terms and Conditions of Delivery

The shipping of orders is done in Canada.

Location

The Carrier will deliver the order in front of the location (e.g. in front of the building) specified by the Customer in the Order summary during the time slot chosen by the Customer from the times suggested by the Corporation (the “Delivery”).

Address Errors

The Corporation is not liable for orders that could not be delivered or that were not received because the recipient’s address was not filled in accurately by the Customer.

Article 3. Technical Conditions to Access the Website

The Website’s digital content is accessible through recent versions of the following web browsers: Safari, Google Chrome, Firefox, and Windows Internet Explorer 11. In order for the Customer to have an optimal buying experience, the Corporation recommends using web browsers that comply with the most recent web standards. Whereas these browsers may be subject to various technological changes, the Corporation cannot guarantee that these browsers will be compatible with the Website at all times. In the event of any discrepancy or inconsistency between the Customer’s web browser and the Website, the Corporation shall not be held liable for service interruptions associated with these technological changes.

If you have technical difficulties, you may contact the Corporation at the following email address: support@nookliving.ca. However, the Corporation does not make any guarantee or has no obligation in any way to solve the Customer’s computer software of hardware problems.

Article 4. Secured Information

The exchange of personal and confidential information (passwords, addresses, etc.) between the Website and the Customer’s browser is protected by data encryption technology (Secure Socket Layer [SSL]) and the data stored is protected by AES-256 encryption. In addition, Shopify, the platform used by the Corporation, complies with PCI DSS standards. The Corporation uses its best efforts to ensure that personal and confidential information exchanged between the Customer and the Website is not intercepted or altered fraudulently.

Article 5. Copyright Protection

The Website’s digital content as well as all reproduced elements (texts, comments, illustrations, logos and iconographic documents) are subject to copyright within the meaning of the Canadian Copyright Act. The Corporation reserves the right to take any necessary action in the case of a violation of these copyrights, and any such violation by the Customer will also be considered a violation of this Agreement.

Where applicable, the Customer agrees to keep confidential all information provided by the Corporation for the purpose of accessing the Website (password and username) and not disclose this information in any form whatsoever to a third party.

Article 6. Limitation of Liability

The Corporation shall never be liable for any losses or any indirect, punitive, consequential, special or other damages arising from for the characteristics and limitations of your Internet network, in particular interrupted access to the Website, technical performance or response times to view the Website’s digital content.

Due to the Internet’s intrinsic characteristics, the Corporation does not offer any guarantee against the potential risks of diversion, intrusion, contamination or piracy of your data, files and programs. In addition, you must take all appropriate measures to protect his or her data, files and programs, including the protection against computer viruses.

For the period during which the products are under the control of the Corporation, which period starts with the manufacture and ends when the products are taken over by the Carrier for their initial Delivery, any product breakage that is beyond the control of the Corporation or for which reasonable preventive measures were taken will be deemed to be the result of a force majeure of which the Company can not be held liable.

IN THE EVENT OF THE CORPORATION’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT, TOTAL LIABILITY TO THE CUSTOMER FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NEVER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO THE CORPORATION FOR THE PRODUCTS BEING CLAIMED. THIS LIMITATION OF LIABILITY DOES NOT APPLY IF THERE IS EVIDENCE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR IF THIS LIMITATION IS CONTRARY TO PUBLIC ORDER.

Article 7. Juridiction

This Agreement is governed by the laws and regulations applicable in the Province of Quebec and the federal laws of Canada applicable therein. Any dispute between the parties arising from this Agreement will be subject to the exclusive jurisdiction of the courts of the Province of Quebec.

Article 8. SMS

By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) at the cell number used when signing up. Consent is not a condition of any purchase. Reply STOP to cancel. Msg frequency varies. Msg and data rates may apply.

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