Terms & Conditions

Terms & Conditions - MinimalLiftBeds.com

Effective Date: July 27th, 2024

Welcome to MinimalLiftBeds.com, operated by Minimal Lift Solutions Inc ("we," "our," or the "Company" or the "Corporation"). By using our website and purchasing products from MinimalLiftBeds.com, you agree to these Terms & Conditions. Please review this contract carefully before proceeding with any purchase.

Warehouse: 8940 Shaughnessy St, Vancouver, BC, Canada
TAX ID: 75542 0759 RT0001

Article 1. General Conditions of Sale

1. Safety: Some of the products offered on our Website may have inherent safety risks if not installed or handled properly. The Customer agrees to exercise caution when assembling, installing, and handling products purchased from the Company. Please read all necessary documentation for user safety regarding product assembly, installation, and usage.
2. 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"). This information will not be sold or use for any other purpose than to provide you with customer service and successful delivery.
3. Company Contact Information: Visit our website at [MinimalLiftBeds.com](https://www.minimalliftbeds.com) for updated contact details. Contact details may change without warning.
   • Telephone number: 778-744-8588
   • Email address: minimalliftbeds@gmail.com
   • Warehouse: 8940 Shaughnessy St, Vancouver, BC
4. Object of Agreement: Under this Purchase Distance Contract (the "Agreement"), the Customer purchases the products listed in the Order summary.
5. Consideration: The sales price is as indicated in the Order summary and is due at the end of this Agreement.
6. A.) Payment Processing: Our Website uses Elavon and Authorize.net secure electronic commerce solutions to process online orders. By making a transaction on our Website, you agree to comply with both our Payment Provider's Terms of Service. We accept the following payment methods: Visa, Mastercard. These payment types are subject to change anytime. 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.
   
   B.) AfterPay Payment Services: Our company has been approved by AfterPay to provide qualified customers with the ability to make monthly instalments. By choosing this option you agree to AfterPay's Terms and Services. AfterPay charges the company a fee which is partially passed down to the customer resulting in a total additional service charge of $100 CAD added at checkout and is outlined on the left side of the checkout page.
7. Date: This Agreement is formed on the time and date when the Order summary and this Agreement are sent to the email address provided upon registration. The confirmation email also includes the location where the order will be delivered.
8. A.) Delivery: Orders are delivered within 2-7 business days unless otherwise agreed upon in writing between the customer and the company. Customers must notify the company 24 hours in advance to reschedule without penalty. A fee of $25 CAD will be charged upon the original method of payment if the customer has not notified the company in writing within 24 hours in advance to reschedule the time and date of delivery or pickup. The customer must ensure the delivery address is accurate and that someone is present to receive the delivery otherwise a fee of $25 CAD will be charged upon the original method of payment for re-delivery. If assistance is requested to move packages indoors, the driver or carrier is not liable for damages to walls, flooring, or other property. Deliveries outside of the free designated delivery zone (shown on our website as “Red Zone Delivery” image) may incur additional fees, which will be offered and communicated in writing to the customer before charging the additional fees. The free delivery zone displayed on our website may change at anytime without warning.
   
   B.) Customers may opt to use their own carrier, in which case they must arrange pickup in advance to ensure a warehouse associate is available and ensure carriers comply with warehouse access policies. If the customer chooses to use their own carrier, the company is not responsible for damages caused by customs choice of carrier. We recommended customers to add insurance to protect yourself as a customer if the customers chooses to opt in with their own carrier. The packages are very heavy. To facilitate the manipulation of the boxes, the company requires that the customer must be assisted by at least 2 people to move the boxes safely inside your house. Risk of transporting it with truck may damage the BedFrame as it is too large to fit in the back of a pick up truck or an SUV.
9. Restrictions and Other Obligations of the Customer: The purchase of products on the Website is subject to the following restrictions and obligations: (i) The Corporation reserves the right to refuse an order on any reasonable grounds; (ii) 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. (iii) You accept and agree to be bound by the Website’s PRIVACY POLICY and the Corporation’s SHIPPING AND RETURN POLICIES and WARRANTY for its products. By accepting this Agreement, you confirm that you have read and accepted these policies.
10. Modifications: The prices posted on the Website are subject to change anytime 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.
11. Order Cancellations: The Customer may cancel an order placed on the Website as long as the order has not been shipped by emailing minimalliftbeds@gmail.com. Upon delivery customer must inspect all items. Please note and document any damage to the items and notify the driver and send us an email at minimalliftbeds@gmail.com. If the customer refuses the free delivery service due to damage, the customer may be entitled to receive a full refund to their original method of payment. If customer receives an order damaged but accepts it anyway and continues with assembling the product without notifying the company, the customer may not be eligible for product returns. If the customer opts in for a third party carrier not provided by our company and the order arrives damaged, the customer is held liable and the company is not entitled to compensate for the damages.
12. Returns: Unless otherwise specified on our Website, all products purchased by the Customer can be returned for a refund if the item is returned in its original condition and packaging without the attempting of being assembled by the customer, we will refund the price of the item at the time of purchase. Refunds will be issued to the original payment method within 30 days following the confirmation of receiving the item.
13. 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. Call our customer service representatives at 778-744-8588. They will inform you about the procedure to follow in order to correct the situation.

B.Write to minimalliftbeds@gmail.com and include the following elements in the email: (i)The part ID number;
(ii) A picture of the damaged or defective part;
(iii) A description of the problem;
(iv) The order number;
(v) The shipping address.
The Corporation will then send you the replacement part to the original address listed on the order summary at no extra charge.
C. Refuse to replace the part, in which case you should refer to the return process.

1. 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.
   
   The Corporation is not liable for:
   
   - Indirect, punitive, or consequential damages arising from product use.
   - Damages resulting from improper installation, misuse, or neglect.
   - Our furniture is not intended to be used outdoors.
   - Damages exceeding the original purchase price.
   - Defects caused by improper assembly or disassembly
   - Defects that occurred after modifying the product
   - Intentional damage
   - Accidents

Repairs or replacements will be offered for defective products at the Corporation's discretion. Customers must follow all safety guidelines, including periodic checks for structural integrity.

Warranty applies only to the original buyer, and only in the event of a defect in materials or workmanship for murphy bed products and is not applicable to bed accessories such as headboards. The defects covered by this warranty include all the imperfections that can affect the use of this product. Our warranty is expressly limited to the replacement of components and furniture for a period of time of five (5) years (depending on the product) following the purchase date. Shipping for new parts is not included. The company is not responsible for assembling the new warranty parts. Customers may arrange a pick up time to visit the warehouse to pick up the parts themselves.The warranty does not cover labour or assembly costs. Because the warranty applies only to the first buyer, the company reserves the right to require proof of purchase in order to document the claim. The company cannot be held, in any case, responsible for any indirect or consequential damages resulting from a misuse of the product. This warranty cannot be transferred and is valid in Canada. Please email minimalliftbeds@gmail.com.

Article 2. Product Delivery

a) Terms and Conditions of Delivery: The shipping of orders is done in the Free Delivery Zone highlighted in red on our website homepage. The Corporation may or may not ship outside of this zone, it is up to the discretion of the company. The free delivery zone is subject to change without notice or warning. The Corporation does not ship to PO boxes, APO or FPO addresses, on islands, in remote areas or internationally. The Corporation chooses the carrier companies for shipping: (the “Carrier”). For more details please see “Delivery” under Article 1, #8.

b) Location: The driver will deliver the order in front of the location (e.g. in front of the building) specified by the Customer in the Order summary. The Customer agrees to have the order dropped off infront of their specified location. For more details please see “Delivery” under Article 1, #8.

The Customer’s phone number will be provided to the Carrier in order for the Carrier to contact the Customer to schedule the Delivery and confirm arrival. 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 or if the Customer is absent at the time of Delivery. This may result in a re-delivery fee. For more details please see “Delivery” under Article 1, #8.

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. 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. Copyright Protection:

The Website’s digital content as well as all reproduced elements (texts, comments, illustrations, logos and iconographic documents and more) 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 5. 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.

The Corporation shall not be held liable for any losses, damages, or claims arising from the use or performance of the products purchased from our Website. It is the Customer's responsibility to use the products in accordance with the provided instructions and guidelines.

We make every effort to ensure the quality and durability of our wallbeds. However, in the event of any defects or malfunctions over time, the Corporation's liability is limited to repair or replacement of the product, at our sole discretion.

The Corporation shall not be liable for any indirect, punitive, consequential, special, or incidental damages resulting from the use of our wallbeds.

The Customer acknowledges that products are subject to wear and tear over time, and the Corporation shall not be responsible for any damages resulting from such normal usage.

Any damages caused to the wall bed after its initial delivery, including damages incurred during assembly, disassembly, or handling by the Customer or any third party, are not covered under our liability.

The Corporation is not responsible for any damages or injuries caused by improper installation, misuse, or neglect of the wallbed.

In no event shall the Corporation's total liability to the Customer for any damages exceed the amount paid by the Customer for the wallbed product in question.

This limitation of liability applies to the fullest extent permitted by law and shall be binding on the Customer and their successors.

By making a purchase on our Website, the Customer agrees to these limitations of liability and acknowledges that they have read and understood this provision.

Article 6. Juridiction:

This Agreement is governed by the laws and regulations applicable in the Province of British Columbia 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 British Columbia.

Article 7. Severability:

If all or part of any section, paragraph or provision of this Agreement is held invalid or unenforceable, it shall not have any effect whatsoever on any other section, paragraph or provision of this Agreement, nor on the remainder of the said section, paragraph or provision, unless otherwise expressly provided for in this Agreement. Before entering into this agreement, the customer agrees that he, she or they has reviewed the agreement and has not detected any errors that need to be corrected. the customer further acknowledges that he, she or they was expressly given the opportunity to accept or decline this proposal. by making purchases on our website, the customer declares that he, she or they accepts this agreement. The customer declares that he, she or they is of legal age to enter a contract in the jurisdiction where he, she or they resides.

Article 8. Referral for Assembly Services:

For your convenience, we can refer you to a local handyman team to assist with assembling your purchase. We also help with the booking process free of charge. However, please note that the handyman team is not part of our company, and we do not bear any responsibility for any damages, mishaps, or issues that may arise during or after the assembly process. The relationship and agreement with the handyman team are solely between you and them.

Alternative Options for Assembly Support:

If you prefer, you can explore alternative services such as the Better Business Bureau (BBB), Grasshopper, TaskRabbit, or 604 Handyman for your assembly needs. We encourage you to review their ratings and policies to ensure they meet your expectations.

Liability Disclaimer:

We are not liable for any damage to the product or property, or any personal injury, caused by third-party assembly services. By using a referred or alternative assembly service, you agree to hold our company harmless from any related claims.

General Terms:

Thank you!