Terms & Conditions

TERMS OF SERVICE FOR HOMEWELL DÉCOR

Thank you for visiting Homewell Decor. We would like your experience on this website to be most comfortable and pleasurable and we ask you please review the following basic guidelines that govern your use of this website.

Please note that your use of this website forms your agreement to adhere to and you shall be bound by these terms. If you do not agree to these terms, please do not use this site. Should you have any questions concerning any of our policies, please contact us at hello@homewelldecor.com

1.General

These terms and conditions (the "Terms") apply to the use of the website homewelldecor.com (the "Site") and/or the purchase and sale of products

and services through the Site. By using this Site and/or placing an order for products or services from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. You may not order or obtain products or services from this Site if you: (i) do not agree to these Terms; (ii) are not the older of (a) at least 18 years of age, or (b) legal age to form a binding contract with Homewell Decor.; or (iii) are prohibited from accessing or using this Site or any of this Site's contents, products or services by applicable law.

These Terms of Service are subject to change by Homewell Decor. Without prior written notice at any time, in our sole discretion. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Site.

2. Ownership, Intellectual Property and Restrictions of Use

This website is expressly owned and operated by Homewell Décor Inc. Unless otherwise noted, any and all content featured on this site including but not limited to photographs, videos, artwork, graphics, text, and the like are copyrights, trademarks, and/or intellectual property that are owned, controlled, or licensed by Homewell Decor. The contents of this website are intended solely for your personal, non- commercial use. Any use of this website and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Homewell Decor. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Homewell Decor. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

3. Submitting Information to the Site

The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Website Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

4. Accuracy and Timeliness of Information

We always strive to present the most reliable and accurate information on our website at all times. We are however not responsible if information made available on this Site is inaccurate, contain typographical errors or not complete or up to date. 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. The material on this Site is provided on an "as available" basis and any reliance on the material on this Site is at your own risk. In the event a product is listed at an incorrect price due to an error of any kind, Homewell Decor shall have the right to refuse or cancel any orders placed for product listed at the incorrect price have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Homewell Decor shall issue a credit to your credit card account in the amount of the incorrect price. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Homewell Décor products that are displayed on the website are available online only. The prices displayed on the website, are in CDN Dollars. With regard to colours, we have made every effort to display all colours as accurately as possible on our website. We however cannot guarantee that your display of color will be exactly as shown on the website.

4. Product Availability

At Homewell Décor several of our featured items are offered in limited quantities and may be available for a limited time only. That means once an item is gone, it may not reappear on the website again. When an item is out of stock we make every effort to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at hello@homewelldecor.com

6. Prices and Payment Terms

At Homewell Décor, we aim to display prices, discounts and promotions accurately as posted on this Site but they may be subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email.

Terms of payment are within our sole discretion and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept approved credit cards and other payment methods for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

8. Returns and Refunds

All purchases from Homewell Decor are considered a final sale. We inspect all packages prior to shipping and we always aim they arrive safely however in the case any damaged or incorrect items during shipping, please email hello@homewelldecor.com Any damages must be reported to the Homewell Decor team at hello@homewelldecor.com within 48 hours of receipt of the product(s). Please be sure to include your name, order number, and the reason you are seeking a return of your product(s) – including any applicable photographs showing the damage or incorrect product.

If a damaged product is accepted for return, a member of the Homewell Decor Team will provide you with return shipping detail instructions and Homewell Decor will replace any damaged item(s) at no additional cost. Returns must be received by our Homewell Decor warehouse no later than 30 days after initial delivery. The product must be returned in its original, unused (and unwashed) condition and accompanied by the original packing slip with all tags and labels intact.

Once the returned good is received by Homewell Décor, it will be assessed for replacement. If a replacement is not available or the item is no longer in stock, then we will refund your order. Refunds are made to the original method of payment. Once a refund has been issued, you will be notified via e-mail. Please allow 5-7 business days for the refund to post back to your account. We do not accept returns on items damaged through normal wear and tear.

For any questions or concerns regarding our Return Policy, please email us at hello@homewelldecor.com

9. Links to Third Party Sites

This Site may contain hyperlinks or references to other websites which we have no control over. Any such links or references are provided to you only as a convenience and their presence on this Site does not imply endorsement by us and we do not warrant and you agree that we do not have any liability or responsibility for the content of such websites.

10. Manufacturer’s Warranty and Disclaimers

We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by a manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

All products and services offered on this site are provided "as is" without any warranty or condition whatsoever, including, without limitation, any warranty or condition: (i) of merchantability; (ii) of fitness for a particular purpose; or (iii) against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the disclaimer of implied or other conditions and warranties so the above disclaimer may not apply to you. You affirm that we shall not be liable, under any circumstances, for any breach of warranty or condition claims or for any damages arising out of the manufacturer’s failure to honour its warranty obligations to you.

11. Limitation of Liability

Homewell Decor does not warrant that the use of this website will be uninterrupted or error-free, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. In no event shall we or any of our affiliates, employees, representatives or agent be liable to you or any third party for any incidental, emplary, punitive damages, lost profits or revenues arising out of connection with your use of the site, breach of these terms or use of the products and services offered regardless of whether these circumstances were foreseeable or whether we were advised of the possibility of such damages. For any reason for claim, our entire maximum liability for any cause whatsoever shall be limited to the amount paid by you for the products you ordered through this website.

12. Indemnity

You agree to indemnify and hold harmless Homewell Decor, and its officers, directors, employees, representative and agents and contractors from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of this Site, the use of the products and services offered on this Site, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Site.

13. Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export.

16. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

17. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

18. Waiver of Recourse to the Courts and Binding Arbitration

You and Homewell Decor. are agreeing to give up any rights to litigate claims in a court. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Site or purchase of products or services through this Site, will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the ADR institute of Canada, Inc. under the Simplified Arbitration Rules of the ADR institute of Canada, Inc. The place of arbitration shall be Toronto in the Province of Ontario. The language of the arbitration shall be English. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

21. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

23. Entire Agreement

Our order confirmation, these Terms, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.