Terms and conditions
Sundays: Our Terms and Conditions
Last Updated: January 2021
(1) Visit, access or use the Site; or
(2) Visit or shop at one of our retail pop up locations and use our in-store activities and POS; or
(3) Clicking on or selecting “accept” or “agree” when presented with these Terms and Conditions on the Site;
(4) Registering a user account on the Site; or
(5) Otherwise using the Site or purchasing any products through the Site; or
(6) Upload content to the Site or communicate directly with us
Information About Us
Changes & Updating These Terms & Conditions
We reserve the right to change or modify these Terms & Conditions at any time and at our sole discretion. If we make changes to these Terms, we will notify such changes by posting a notice on our Site and/or updating the “Last Updated” date above. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you are not in agreement with such changes or modifications, you must stop using our Site.
We have the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion, and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to disable any account, username, password, or other identifiers, at any time in our sole discretion for any or no reason.
Purchasing our Products In-Store or from sundays-company.com or sundays-company.ca
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 online or in-store you will be under obligation to pay for the products once your order is accepted. Our online order process allows you to check and change any errors before submitting your order. It is essential to take time to read and check your order at each stage of your ordering process. All online orders are subject to acceptance by us. We will send you your order confirmation by e-mail after receiving your order. This 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, you can reject the delivery or return the products to us according to our Return Policy. Specific delivery and return shipment fees fall upon the customer as outlined in the Return Policy.
Prices and availability of products are subject to change without notice. We reserve the right to revoke any stated offer to correct an offer, error, or inaccuracy that appears on the Site, including after an order has been submitted.
At our sole discretion, we reserve the right to refuse or cancel any order for any reason or restrict or terminate any account for any reason, at our sole discretion.
Your Personal Information
As a retail business, we may gather from our customers direct, non-public, personal information for our Trade Program, and when orders are placed from our online store www.sundays-company.com. Sundays defines “personal information” as information unique to the individual, such as contact, personal email, billing information, name, phone numbers. Your information will be updated when necessary to keep it complete without fault.
Your Account & Password
If you use sundays-company.com or sundays-company.ca, you are responsible for maintaining your account and password's confidentiality and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Our Liability to You
Our products are designed for residential use unless otherwise stated. We do not make any guarantees or warranties about their performance in a commercial environment. We have no liability to you for any loss of profit, loss of business, business interruption, or business opportunity loss. If products are stated that they are designed for performance in a commercial environment, the one-year warranty is still applicable.
Notice & Take Down Policy
If by any means, you feel that content on or made available through our site infringes on your rights or any rights of a third party you represent, or otherwise breaches any Rules of Acceptable Use &Conduct, please reach out to us immediately at email@example.com. When reporting content, please provide the following information:
· Your name and contact information
· A statement explaining whether you believe that the content you are contacting us about infringes on your rights, the rights of a third party you represent or otherwise feel the content breaches the Rules of Acceptable Use & Conduct
We guarantee that the appropriate action will be taken depending on the nature of your reported content. This may also include taking no action if we believe the reported content does not infringe on any rights or the Rules of Acceptable Use & Conduct. Please note that we are not obligated to discuss or inform you of our chosen course of action following any reports from you.
Acceptable Use & Conduct
In addition to the other requirements within these Terms & Conditions, we require you to agree to following rules of Acceptable Use & Conduct. You must not:
· In any way violate any applicable federal province, state, local or international laws or regulations permitting to, and without limitation to, any laws regarding the export of data or software to and from Canada, the US, or other countries
· Disable, circumvent or otherwise interfere with any security-related features that prevent or restrict the use or copying of the content accessible on the Site
· Give any false information regarding your personal account details or take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity, or organization
· Send junk, spam or repetitive messages to any of our Customer Care email accounts
· Engage in any unlawful, hateful, racist, homophobic, or anti-LGBTQ conduct
· Modify, interfere, disrupt or hack the Site, including misuse of the Site by knowingly introducing any sorts of viruses
· Collect any data from the Site other than in accordance with these Terms & Conditions
· Contribute or submit any content that is threatening, abusive, untrue, obscene, shocking, or offensive
· Harm, abuse, or bully another site user, member of our staff or any other persons affiliated with Sundays
· Contribute or submit any user content without the content owner's permission or otherwise infringe the copyright, trademark or other rights of third parties
· Otherwise, attempt to interfere with the proper working of this Site
· Contribute or submit any information, commentary, or reviews about another person which is untrue, private or confidential
We are the owner of all intellectual property rights in our Site and the material published. Copyright laws and treaties worldwide protect all works, and all such rights are reserved. Permission to access our Site and the material on or made available through the Site is only for your personal use. Any other use of our Site or the content made available through the Site is prohibited.
Disclaimer & Liability
Access to our Site is permitted on a temporary basis, and we may limit or terminate access to our Site at any time and without notice. We will not be held liable if our Site is unavailable at any time or for any period of time. We will not be held responsible for any errors or any technical problems you may experience with our Site's content. When and if we become informed of any inaccuracies in the content on our Site, we will attempt to correct it as soon as we possibly can. While we have made it a priority to ensure that any information presented on the Site is correct, all the information on our Site is presented without any guarantees, conditions, warranties. The Site is made available to you on an "As-Is" basis. We are not responsible for anything that occurs from your reliance on the content of our Site. Additionally, nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.
Links & Linking
You may link to sundays-company.com or sundays-company.ca, provided that you do so in a way that is legal, fair, and does not damage our representation or take advantage of it. We will abolish any links that suggest any form of association, approval, or endorsement on our part when one does not exist. You agree to remove any links to our site on a website that is owned or controlled by you at the request of us. Links to third-party websites are provided solely for your convenience. The use of these links will have you leave our site, we do not control and are not responsible for these websites, their content, or their availability.
If any of these Terms & Conditions is held to be invalid, the remaining Terms & Conditions will continue to be valid to the fullest extent permitted by law.
Jurisdiction, Applicable Law & Resolving Disputes
The terms of this Agreement are governed by the laws of Canada, the United States (including Federal Arbitration Law), without regard to its principals of conflicts of law, and regardless of your location. All disputes arising out of or related to this Agreement or any aspect of the relationship between you and Sundays, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you and Sundays are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis. Class arbitration and class actions are not permitted. You agree to give up the ability to participate in a class action.
i. For Individuals Residing in Canada:
You consent to agree to every single law and regulation that is applicable and pertaining to your utilization of your procurance of items and services through sundays-company.com or sundays-company.ca and our retail locations. Any infraction of the Terms & Conditions will be regulated by Canadian and Quebecois laws without any respect to any contention of law arrangements of your residential area or location. We may report infringement related to the concordance to the proper governing representatives. You and sundays-company.com or sundays-company.ca each consent to the individual and sole jurisdiction of the courts within Canada and Quebec.
ii. For Individuals Residing in the United States
You and Sundays, including sundays-company.com or sundays-company.ca, agree that we will resolve any disputes through final and binding arbitration instead of through court proceedings. You and Sundays waive any right to a jury trial of any claim. All controversies, claims, counterclaims, or other disputes arising between you and Sundays, including sundays-company.com or sundays-company.ca relating to these Terms & Conditions and use of the Site, shall be submitted for binding arbitration in accordance with the Rules of American Arbitration Association (“AAA Rules”).
Transfer of our Rights
We may and are obliged to transfer our rights and obligations under our contract with you to another organization. We will do our best to notify you in writing when and if this happens. This will in no way affect your rights or our obligations under the contract.
All feedback is welcomed. You can contact us at any time regarding, but not entirely pertaining to your online or in-store experience or purchase made, or if you require any additional product information. Please visit Contact Us for more information.
If you are under the age of majority in your area of residence, you may use the Site services only with a parent or guardian's involvement. Sundays reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. If you are a parent or guardian that provides consent to your minor's registration with and use of this Site, you agree to be bound to these terms regarding such minor's use of the Site.
User Generated Content & The Use of Social Media Tags
By sharing, submitting and uploading any of your data, including but not limited to photographs, images, videos, music, art, or comments, to sundays-company.com or sundays-company.ca websites, social media channels (including without limitation to @sundaysfurniture, #sundayseveryday, or any other similar social media tag related to sundays-company.com or sundays-company.ca), including but not limited to Instagram, Twitter, and Facebook, and pages dedicated to Sundays in discussion forums like Reddit, you grant Sundays 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 legal matter for the benefit of Sundays. You acknowledge and agree that you are solely responsible for all the user data that you make available across such means. Accordingly, you represent and warrant that (1) you have all rights, licenses, consents and releases necessary to grant Sundays the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Sundays’ use of your uploaded data (or any portion thereof) on, through or utilizing Sundays 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.
Products available for purchases on the Site are supplied by third-party suppliers (“Suppliers”) to sundays-company.com or sundays-company.ca. Our Suppliers are solely responsible for providing accurate information about the products they supply to sundays-company.com or sundays-company.ca, including, where applicable and without limitation, consumer warnings, and information about materials deemed unsafe or hazardous.
You agree to indemnify and hold harmless sundays-company.com or sundays-company.ca, our affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities, expenses (including attorney’s fees) that may arise from your use of or activities in connection with the site, products, and services.
Copyright & Trademark
All content included on or made available through sundays-company.com or sundays-company.ca, including design, text, logos, graphics, photographs, images, videos, webinars, audio clips, button icons, and digital downloads, is the exclusive property of sundays-company.com and sundays-company.ca, or its content suppliers, and is protected under Canadian and international copyright laws. All graphics, logo, page headers, button icons, scripts, and service names on or made available through sundays-company.com or sundays-company.ca, services are trademarks of Sundays, in Canada and the US.
Customer Review Policy
We have a verifiable product review feature on the sites where we will review and publish customer reviews on a review-by-review basis. You agree to the publishing of these reviews that will be published on an internal review basis.
sundays-company.com and sundays-company.ca, in no occasion will be considered liable for the postponement or non-fulfillment of products or services, or inaccessibility of the site for any matter including, however not constrained to, occasions out of the ordinary such as technology failures including internet shutdowns, computer or software blackouts, electricity shortages, labor debates, strikes, insurgencies, civil unrest, deficiencies in material or workforce, floods, fires, acts of God, warn, government legislations, court orders from domestic or foreign courts, third parties, or tribunals.
If we must get in contact with you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Account or have given one of our retail locations.
Sundays values your inquiries and comments about our service and products and invite you to email us. We will direct your messages to those inside our association who are most fit for tending to the issues your message contains. We may store your message for a specific timeframe or dispose of it if it is never again required. Please visit our Contact Us page more information.
If you have any questions about these Terms & Conditions, please contact us by email, as stated above, by phone at 1.800.786.0625, or by mail: 18 East 5th Avenue, Vancouver BC, V5T 1G8 CANADA
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2. Terms of Sale
General Terms of Sale
1. Information About Us
sundays-company.com or sundays-company.ca is a website operated by Sundays in Canada, also referred to as “Sundays”, “us”, “we”). Our registered headquarters and mailing address is 18 East 5th Avenue, Vancouver BC V5T 1G8, CANADA.
2. 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.
Prices and availability of products are subject to change without notice, as we reserve the right to revoke any stated offer to correct an offer, error, or inaccuracy that appears on the site, including after an order has been submitted.
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.
3. 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.
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.
6. 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 or reflect the products' colour. The products delivered to you may vary slightly from those images. 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 all statements, opinions, or content expressed by these third parties or us are accurate, complete, reliable, current, or error-free.
7. 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 notice 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. We have the right, outside of the laws residing in Quebec, CA, to cancel an order in the event that an order was caused by human or system error.
8. How to Pay
We accept all major credit cards (VISA, Master Card, AMEX), and Splitit Payment Plan.
9.Delivery & Pick-Ups
Please see our Shipping / Returns statement for more information.
10. Cancellations, Refunds and Exchanges
Please see our Shipping / Returns statement for more information.
11. Risk and Ownership
Risk of loss and title for items purchased from sundays-company.com and sundays-company.ca to be delivered at a later date, pass to you upon our hand off 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. The products become your responsibility from the time that you or a third party other than the delivery partner, take physical possession of the product(s).
12. Our Warranty
We hope you will be pleased with everything you purchase from Sundays. 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.
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 firstname.lastname@example.org. 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 Sundays 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.
It is essential for us to note that our warranties are non-transferable and are not extended to our As-Is or floor model items, or to re-sell or second-hand items. Our warranties are only valid when 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.
3. Mobile Message Service
The Sundays mobile message service is operated by Sundays. Your use of the Service constitutes your agreement to these terms and conditions. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Sundays’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sundays through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sundays. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (855) 721-1300. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sundays mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 721-1300 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://www.sundays-company.ca/policies/privacy-policy.