Good Space Plans Terms and Conditions of Sale
By checking the “I accept the Terms of Sale” box you agree to be bound by these terms and conditions of sale (the “Terms”). If you do not agree to all of the Terms, then do not check the “I accept the Terms of Sale” box or order services from the website. If you check the “I accept and agree” box, the Terms are fully accepted by you. If you agree to the Terms on behalf of an organization, you hereby represent to Good Space Ltd. (as defined below) that you are authorized to accept the Terms on behalf of such organization.
Please review the Terms carefully, as they govern your purchases on http://www.dwaina.weareloki.com (the “Website”) and constitute a binding legal agreement between you and Good Space Ltd., (herein also referred to as “Good Space,” “we” or “us”), the owner of the Website. By ordering services, including products manufactured by Good Space or its agents (“Services”), through the Website, you signify your acceptance of the Terms.
These Terms set out your rights and obligations with respect to your purchases, including important limitations and exclusions. All changes to the Terms are effective when posted on the Website. The Terms contain limitations on liability.
Types of Sales. Good Space accepts orders for Services through the Website. You may place your order on our Website at any time (subject to any planned or unplanned downtime). All Services ordered from the Website will be delivered to the Canadian or U.S. email address or physical address (where applicable) specified. You must pay for the Services online at the time you place the order. If you entered a valid email address and your order and payment are accepted by us, your order will be shipped pursuant to the terms below. Good Space will send a proof of purchase of the Services to the email address you provide. If you have any questions regarding the ordering process, please contact Good Space by any means listed in the How To Contact Us section below.
Prices and Taxes. Prices offered on the Website are quoted in Canadian dollars. Such prices do not include sales taxes where applicable. You are responsible for any sales, use, excise, value added or similar sales taxes, customs duties and brokerage fees that may apply to your order. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to renegotiate the purchase price based on misrepresentation of project size and scope, to cancel your order, notify you through the contact information you provided during the order process and refund to you the amount that you paid, regardless of how the error occurred.
Payment Terms. Your Good Space Plan purchase will be divided into three equal payments.
- One-third deposit of the total purchase price required to initiate project
- One-third deposit of the total purchase price required prior to the preliminary plan presentation
- One-third of the total purchase price, plus all applicable sales tax prior to the delivery and walk-through of the completed Good Space Plan.
Payment Methods. Good Space allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit card. When you provide Good Space with your card information, and authorize the transaction, Good Space will bill your credit card. Once your order has been accepted by the Website and the amount owed is authorized by the issuing bank of your card, Good Space will send you confirmation to the email address you provided indicating that your order has been accepted (“Order Confirmation”). Good Space accepts American Express, MasterCard and Visa (subject to change without notice) with a billing address within Canada or the United States. The Website requires the security code of your card for any online purchase to protect against the unauthorized use of your card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if MasterCard or Visa). You represent and warrant that you have the right and are authorized to use the credit card you present to purchase Services and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit card, or your credit card issuer does not pay Good Space for charges, Good Space reserves the right to immediately suspend or terminate the fulfillment of your order.
Product Descriptions. All Good Space Plans are delivered digitally via email in an interactive Portable Document Format (PDF) file. Physical hard-copy plans may be requested at an additional cost. We attempt to describe and display the Services offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free. Unless you are provided with information to the contrary from us and subject to our Buyer’s Remorse Clause stated below, all sales are final.
Every effort has been made to ensure that all design schemes, products and services recommended in Good Space Plans (design plans) are accurate. All Good Space Plans provided by Good Space are to be considered design recommendations only. All design schemes, products and services recommended in the plans should be confirmed by you for accuracy and suitability prior to purchasing.
Payment Disputes. Subject to our Buyer’s Remorse Clause stated below, if you dispute any charge for purchases of Services on the Website, you must notify Good Space in writing within sixty (60) days of any such charge; failure to notify Good Space shall result in the waiver by you of any claim relating to such disputed charge; and charges shall be calculated solely based on records maintained by Good Space.
Changes. In the event Good Space agrees to a modification of a Services purchase transaction, Good Space may revise prices, dates of delivery and warranties with respect thereto.
Shipment and Delivery. If you purchase a physical hard copy of your Good Space Plan, you must pay for shipping costs to your designated location(s) within the ordering process prior to shipment of such Services. Accepted orders will be processed and Services will be shipped to valid physical addresses within Canada and the U.S. Exact shipping dates are unknown at the time you place the order. Good Space will notify you if any order is estimated to take longer than ninety (90) days to ship from the time the order is placed by you and accepted by Good Space. In such circumstances, Good Space will include in the notice your options as it relates to the order for Services that take longer than 90 days to ship. Services will be shipped by Good Space. All claims of shortages or damages suffered in transit must be submitted directly to Good Space within five (5) days from receipt of Services. Good Space is not bound to deliver any Services for which you have not provided shipping instructions, which include a valid email and phone number where you may be reached. Services may not be returned without the prior written consent of Good Space.
Buyer’s Remorse Clause. If you are unsatisfied with your purchase from Good Space for any reason, you may cancel your purchase and receive a full refund at any time prior to your first Enlighten meeting with your Good Space designer. Once this first meeting has taken place no refunds will be provided.
To qualify for a refund a cancellation request must be received in writing by our customer service team prior to your initial Enlighten meeting with you Good Space designer. To make a cancellation request contact: firstname.lastname@example.org
Good Space will offer you the following upon receipt and verification of your order cancellation: a full refund for the original deposit amount. Refunds can only be credited to American Express, MasterCard or Visa credit cards and only in Canadian dollars.
Limitation of Liability. In no event shall Good Space Ltd., nor its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
Indemnification. Except to the extent a claim arises out of Good Space’s fraud or willful misconduct, you agree to defend, indemnify and hold harmless Good Space, its members, affiliates, partners, and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “Good Space Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to any Services purchased through our Website, including, without limitation, for any causes of action arising from your misuse of the Service.
Excuse of Performance. Good Space shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Good Space or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labour disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Governing Law. These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
General Provisions. These Terms constitute the entire agreement between the parties and supersede all other communications between the parties relating to the subject matter of the Terms. The Terms may be amended, modified or supplemented only in writing signed by both parties.
How to Contact Us. If you have any questions about any Services or these Terms or would like to learn more about Good Space, please write to us at Good Space Ltd. Suite 704 – 73 Water Street Vancouver, BC Canada V6B 1A1, email us at email@example.com or call us at 604.669.2064 (long distance charges may apply)
Terms of Sale: last updated June 26, 2014