Terms & Conditions
Terms & Conditions of use
Thank you for visiting Mobi-logis, web site (the "Site"). Mobi-logis is a leading online retail store and information site for furniture and related products. The Site is designed by us, Mobi-logis, ("we" and "us") a company with limited liability situated in and vested under the laws of the Quebec, to provide a convenient, private and informative shopping experience for consumers to purchase furniture and related products 24 hours a day, 7 days a week. We offer a large selection of furniture and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want each visitor to the Site ("you") (i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we (we and you) know what to expect from each other.
These general terms and conditions (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
Account obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy (below) to understand our privacy related practices.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. ModernFurniture.ca and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Conduct
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Description of the products and color
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Shipping
Shipping is absolutely free within Qubec and Ontario. Shipping in certain remote areas within the two provinces may carry additional fees. For customers in remote areas, shipping quotes will be provided according to the receiving address. Orders are normally shipped within 1-2 business days of order receipt. Most ground delivery takes 4-7 business days. Some delays may occur in shipping due to circumstances out of our control (e.g., weather conditions, errors in shipping address, availability of customer to receive delivery, backorders etc.).
To keep you informed of your shipment status, information at every step of the shipping process is provided to you by email and is always available by logging into your account. When you receive your tracking number, feel free to contact the shipping company and arrange for delivery at your earliest convenience depending on what is shipped.
Deliveries
Deliveries will be as soon as possible to the address on your order and are "best effort" based, subject to delays outside our control. Refused deliveries are governed by our returns policy.
Return and exchange policy
If you are not completely satisfied with your purchase, you may return your item within 15 days of the ship date for a full refund. However you will have pay for the shipping fees both ways. Only merchandise in its original packaging can be returned. Any opened merchandise that is returned with damaged, some missing, or unwrapped packaging will be subject to a minimum 15% restocking fees. Refunds will be processed within 1 to 5 business days. If you wish to make a return or exchange, please fill in a return form on the online store. Merchandise returned without a valid return number will be refused and shipped back to the customer at their expense.
Damaged shipments
We work closely with our distribution partners to make sure your merchandise arrives safely. However, damages from shipping and handling may sometimes occur. The process is easy: you send us pictures and a description of the damages, we send you replacements. To help us protect you and your merchandise and enable us to make a claim on your behalf if items are lost or arrive damaged due to transport, it is important that you inspect all merchandise carefully upon delivery before signing the bill of lading. If you cannot inspect your merchandise upon delivery for any reason (e.g., you cannot fully unwrap the merchandise or do not immediately see any damages to merchandise or packaging), please declare the merchandise as damaged on the bill of lading, before you sign. Signing a bill of lading without indicating any damages will free the transporter of all responsibility regarding loss or damage to your goods and prevents us from filing damage claims on your behalf.
Risk of loss goods
All items purchased from Mobi-logis are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Warranties
All products are covered by warranty of one year given by the manufacturer. This warranty is only valid to the original buyer for a residential use. If the goods we inaproprietly used or overused the warranty will be void. This warranty covers manufacturing defects.Thus the reperation, the replacement of the piece or the remplacement of the whole good.
Privacy Policy
We are deeply committed to respecting your online privacy. We recognize your need for appropriate protection and management of any personally identifiable information you share with us. No information given to us will sold or given to anyone.
Electronic Communications
When you visit Mobi-logis or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and software, is the property of Mobi-logis or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Mobi-logis, with copyright authorship for this collection by Mobi-logis, and protected by Canadian and international copyright laws.
Trademarks
Mobi-logis trademarks and trade dress may not be used in connection with any product or service that is not Mobi-logis', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mobi-logis. All other trademarks not owned by Mobi-logis or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mobi-logis or its subsidiaries.
License and site access
Mobi-logis grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mobi-logis. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mobi-logis. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mobi-logis and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing Mobi-logis' name or trademarks without the express written consent of Mobi-logis. Any unauthorized use terminates the permission or license granted by Mobi-logis. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mobi-logis so long as the link does not portray Mobi-logis, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mobi-logis logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, comments, emails and other contact
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mobi-logis reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Mobi-logis and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mobi-logis and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Mobi-logis or its associates for all claims resulting from content you supply. Mobi-logis has the right but not the obligation to monitor and edit or remove any activity or content. Mobi-logis takes no responsibility and assumes no liability for any content posted by you or any third party.
Disclaimer of warranties and limitations of liability
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. Mobi-logis DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Mobi-logis MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE. Mobi-logis MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
TO THE FULL EXTENT PERMITTED BY LAW, Mobi-logis IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Mobi-logis HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
Disputes
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Mobi-logis website or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Montreal, Quebec in English or French and governed by Quebec law pursuant to the Arbitration Act, 1986 (Quebec), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
