USER AGREEMENT​

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This User Agreement sets forth the terms and conditions for the use of the Efficiently Spacious Inc. (hereinafter referred to as the “Efficiently Spacious”, “Company” “we”, “us,” and “our”) services and products. 

 

By purchasing our products customers (hereinafter referred to as “Customer”,  “you” and “your”) agree to be bound by this User Agreement. 

 

1. SCOPE OF WORK: 

Efficiently Spacious agrees to provide comprehensive services encompassing the design, construction, and installation of bespoke space-saving furniture tailored to meet the specific needs of the customer.   

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2. PAYMENT TERMS: 

 Payment for services rendered is due within a period of two weeks from the date of the invoice. In the event that payment is not received within this timeframe, the outstanding amount will accrue interest at a rate of 5.00% per annum until settled. Efficiently Spacious reserves the right to suspend or terminate work in the event of prolonged non-payment. 

  

3. DEPOSIT: 

A non-refundable deposit, equivalent to 30% of the total contract amount, is required prior to the commencement of any work. This deposit is necessary to secure materials, initiate the design phase, and allocate resources for the project. 

  

4. SPACE REQUIREMENTS: 

Customers must ensure the provision of sufficient and clear space on the designated property for the seamless installation of the furniture. Failure to provide appropriate space may result in delays and additional charges. 

  

5. FURNITURE SECURING: 

Efficiently Spacious will secure the furniture to the wall (if needed) as part of the installation process. However, the Company is not responsible for any faults or structural issues with the wall or the home structure. It is the customer's responsibility to ensure that the walls and the overall structural integrity of the home are suitable for the installation of the furniture. 

  

6. UPKEEP AND MAINTENANCE: 

Customers bear the responsibility for the ongoing upkeep and maintenance of the installed furniture. Any damage resulting from negligence or failure to adhere to maintenance guidelines will be the customer's financial responsibility. 

  

7. WARRANTY: 

The Company provides a two-year warranty on the product and workmanship, covering any defects or issues arising from the construction and installation process. However, the warranty only extends to the product itself and the workmanship to the extent of the actual installation. No coverage is provided for issues with the walls, pre-existing issues, or structural issues with the home. For orders outside the Greater Toronto Area (GTA), warranty services might be limited to shipping of spare parts and conditional on availability of technicians in that area.

  

8. CANCELLATION and RETURN POLICY: 

In the event of cancellation by the customer, the Company retains the right to charge for any work already performed, including design services and material procurement. Such charges will be deducted from any advance payments received, and the remaining balance, if any, will be refunded to the customer. In the event of cancellation of an online purchase from our website before delivering the product, a 3% fee which was collected by the payment services provider (Stripe) will be deducted from the payments received. If the cancellation is requested by the customer after delivering the product, an additional 30% of delivery and restocking fee will be deducted and the remaining balance will be refunded to the customer. 

  

9. DISPUTE RESOLUTION:  

All disputes arising from or in connection with this agreement shall be subject to a negotiation period of 10 days, during which the parties shall make good faith efforts to resolve the dispute amicably. Should the dispute remain unresolved after the negotiation period, either party may commence litigation in the courts of Ontario. 

  

10. MISCELLANEOUS TERMS: 

• Customers are required to actively participate in the design process, providing feedback and confirming their approval of designs before construction commences. 

• The Company shall not be held liable for any personal injuries resulting from the customer's inappropriate or improper use of the installed furniture. 

  

11. CHANGE IN SCOPE: 

Any alterations or additions to the initially agreed-upon scope of work will be considered extras. Both parties must consent to and sign an amendment to this agreement, outlining the revised scope of work and the corresponding adjustments to the contract price. 

  

12. GOVERNING LAW: 

This agreement shall be governed by and construed in accordance with the laws of Ontario.  

  

13. CUSTOMER RESPONSIBILITY FOR PROPER USE AND SAFETY: 

The Customer acknowledges and agrees that they are responsible for the proper use of the installed furniture and for creating a safe environment in and around the furniture. The Company shall not be held liable for any personal injuries, damage, or accidents resulting from the Customer's negligent, inappropriate, or irresponsible use of the furniture. 

The Customer is expressly responsible for adhering to safety guidelines provided by the Company and ensuring that the furniture is used in accordance with its intended purpose. This responsibility extends to ensuring that the furniture is not subjected to excessive weight, misuse, or any activities that may compromise its structural integrity. 

The Company shall not be held responsible for any injuries or damages arising from the Customer's failure to follow proper safety practices, including but not limited to securing heavy items, ensuring proper weight distribution, and keeping the surrounding area free from hazards. 

The Customer agrees to indemnify and hold the Company harmless from any claims, liabilities, costs, and expenses arising out of or related to the Customer's use, misuse, or negligence in connection with the installed furniture. 

  

14. ALTERATIONS, MODIFICATIONS, RESALE, AND MOVEMENT: 

Any alteration or modification to the products by the Customer or any third party without the explicit written consent of the Company will void the warranty and release the Company from any further commitment to the product. The Customer is advised to seek approval from the Company before making any alterations to ensure the continued validity of the warranty. 

  

Reselling the furniture to another party or moving it from the original place of installation without prior written consent from the Company will result in the Company no longer being responsible for the product. In such cases, the warranty and any ongoing commitment to the product by the Company will be considered void. 

  

15. INTELLECTUAL PROPERTY OWNERSHIP: 

The Company retains ownership of all intellectual property associated with the designs, schematics, and drawings provided or shared with the Customer as part of the installation process. This includes, but is not limited to, proprietary designs, creative concepts, and technical drawings ("Intellectual Property"). 

 The Customer agrees not to replicate, reproduce, or use the Intellectual Property for any purpose other than the installation and use of the products specified in this agreement. The Intellectual Property is the exclusive property of the Company, and the Customer shall not disclose, distribute, or permit the use of the Intellectual Property by any third party without the Company's prior written consent. 

Any unauthorized use, reproduction, or distribution of Intellectual Property by the Customer may result in legal action by the Company to protect its intellectual property rights.