Website Terms and Conditions (“Terms and Conditions”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This website and/or mobile application (the “website”) are owned and operated by LFI Design Inc. and all of its affiliates, subsidiaries and registered businesses (collectively, “LFI”). This website is provided “as is” and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, LFI makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.
LFI controls this website from its offices within Ontario, Canada. You agree that (a) all matters relating to access to, use of, or purchases through this website will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario; (b) the courts of Ontario have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.
LFI may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.
Content of Website
All content which forms a part of this website, including without limitation, all text, design, graphics, drawings, photographs, e-mails, photographs, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws.
You acknowledge and agree that the ownership right and title to such rights will continue and remain with LFI or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of LFI, where applicable. No other copying of this website, in whole or in part is permitted without the express written authorization of LFI.
“LFI design”, “lfidesign.com”, and all other logos, slogans and images used on this Website are the property of and are subject to trade-mark rights held by LFI. Certain other trade-marks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
You agree that you will not distribute the content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of LFI or its licensors or allow any third-party to access the content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.
Links to Third Party Websites
This website may contain links to other websites. All such other websites are independent of this website and from LFI. LFI has no control over and expressly disclaims any liability for such websites or their contents. The provision of any link does not constitute an endorsement of such linked website by LFI. LFI is not responsible for webstreaming or any other form of transmission received from any third party website nor is LFI responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and LFI shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
Exclusion of Liability
Your use of this website and the Content is at your own risk. You agree that your sole remedy in the event of any problem with your use is to cease using this website. In no event shall LFI or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of this website or any other website linked to this website or the Content, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.
LFI is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
LFI assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless LFI, its affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of your use of this website or your breach of the Terms and Conditions.
Online Shopping Terms and Conditions
All orders and purchases made through this website are subject to the following:
Payment: You agree to pay for all charges noted herein as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.
Errors: While LFI takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. LFI may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.
- The items available on this website, and the prices for items on this website, are not necessarily the same as the items and pricing within any “bricks and mortar” LFI stores or showrooms.
- All prices listed on this website are subject to confirmation.
- You may only purchase or order items for lawful purposes and any other use is not permitted.
- You must be 18 years of age or older to purchase from the website.
- LFI reserves the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if LFI believes that customer conduct contravenes applicable law or is harmful to the interests of LFI or its representatives, agents, contractors, suppliers or licensees.
- LFI will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, LFI will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, LFI will notify you as soon as possible.
- In order to protect you and LFI from fraudulent transactions, LFI may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. LFI also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that LFI chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.
Special Order and Custom Products: All custom and special orders require a 50% non-refundable deposit and are non-cancellable and non-returnable.
General: Any product accepted for return must be in original and unused condition (item and packaging) accompanied by the original invoice. Returns will be credited using the original method of payment. Shipping and delivery fees are not refundable. LFI will not be liable for any labour or other expenses of any kind or nature incurred in connection with the sale, use or replacement of any defective product or parts.
All regular priced eligible items are able to be returned within 7 days of purchase. For items that require a pickup to return to our warehouse, you must obtain a delivery authorization within 7 days. Your refund will be reduced by a restocking fee equal to 30% of the purchase price. Shipping and delivery fees are not refundable and customer is responsible for paying the shipping fees to have the item(s) returned to the LFI warehouse. All sale, clearance, floor model, and special order items are considered final sale and are not eligible for return.
Items Not Eligible for Return:
- Due to the nature of these products, they are not eligible to be returned and this purchase is a final sale: décor and accessories, tiles, engineered flooring, vinyl flooring, and laminate.
- All altered items, installed, special orders, custom orders, clearance product and floor models are also final sale and are not eligible for return.
Acceptable Use Policy for Ratings, Reviews, Comments and Communications
All permitted and prohibited uses of this website, including any ratings, reviews, comments and communications, are governed by the “Acceptable Use Policy” as follows:
Ownership of Content: For any content that you submit, you grant LFI, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit on or through the LFI website or any of LFI’s social media accounts may be used at LFI’s sole discretion. LFI reserves the right to change, condense or delete any content on LFI’s website that LFI deems, in its sole discretion, to violate any provision of this Acceptable Use Policy. LFI does not guarantee that you will have any recourse through LFI to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, LFI reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not LFI, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of LFI, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By using or uploading any images with the social media hashtag “#LFIdesign”, you agree to provide LFI with an unrestricted, irrevocable, royalty-free, perpetual, fully paid up, transferable, worldwide license to use the uploaded content or image(s) in any and all marketing materials, sponsor websites, and through all social media channels. You represent and warrant that uploaded content or image(s) do not infringe on the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.
Security: You are prohibited from violating or attempting to violate the security of the LFI website, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding LFI’s ability to monitor or make the website available, or (f) taking any action in order to obtain services to which you are not entitled. Violations of system or network security may result in civil or criminal liability. LFI will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations.
Suspension and Termination: If LFI determines, in its sole discretion, that you are in violation of any provision of this Acceptable Use Policy, LFI may suspend or terminate your use or access to the LFI website without the notice to you. At all times, LFI shall have the discretion to take such action as LFI deems necessary, in its sole discretion, to preclude a violation, and LFI shall not be liable for any damages of any nature suffered by you or a third party resulting from LFI’s exercise of its rights under this Acceptable Use Policy. You must be at least 13 years of age to use the website. By using the website, you affirm that you are over 13 years of age. If you are under 13 years of age, you may not access or us the website. If you are a parent or guardian that provides consent to the registration with or use of the website by a person under 13 years of age, you agree to be bound by these terms in respect of such person’s use of the website. Notwithstanding the above, you must be at least 18 years of age to make any purchases on the website’s online store.
Reporting Libel and Defamation: If you become aware of any misuse of the website, including libelous or defamatory conduct by any person, you must report it to LFI. Please contact us by email.
Third Party Websites: If you choose to post or share any ratings, reviews, comments or communication on a third party website, including any social networking and/or social booking marking website, you do so at your own risk. Such websites are independent of LFI and LFI has no control over and expressly disclaims any liability which may ensue from posting or sharing any content on such third party websites.
Feedback: If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead please contact us.
Personal information means any information about an identifiable individual, other than certain business contact information. This includes information such as your name, address, telephone number, birth date, payment card numbers, purchase information and e-mail address.
If you use the website through your mobile device, we may collect your geo-location information to assist us in fulfilling your order. We will not share this information with third parties and will only use this information for the sole purpose of fulfilling your order. When you use the website through your mobile device, we may also collect device type and information and store this information in log files. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.
LFI uses and discloses personal information in order to provide you with goods and services and/or information on products and services you might be interested in. We also collect, use and disclose your personal information to comply with legal and regulatory requirements and as otherwise may be permitted or required by applicable laws.
Collection: We collect your personal information in connection with the provision of goods and services to you, including but not limited to situations when you:
- make purchases or returns in one of our retail stores or online
- communicate with our customer service representatives
- sign up for a newsletter or other communication channels
- enter into a contest, promotion or survey
- engage with LFI on social media
We collect personal information about you for various purposes, including to:
- manage our business and to register and maintain accurate accounts for you
- verify your identity for our mutual protection
- verify your eligibility for, and/or to provide you with, products, services and promotions
- provide you with information about our products, services and promotions (see below under “Collection, use and disclosure of your personal information – for optional purposes”)
- generate statistics and aggregate reports for internal use
- meet legal and regulatory requirements
In most cases we collect personal information directly from you. However, in some cases, we obtain certain personal information from other sources. Unless there is a legal exception, we will obtain your consent to collect personal information about you from other sources.
Use: Personal information will not be used without your consent for purposes other than those for which it was collected. From time to time, we may wish to use your personal information for new or additional purposes. We will obtain your consent to use your personal information for such new or additional purposes before doing so.
Disclosure: We may share information that we collect within LFI group of affiliated companies, including future affiliates. In addition, we may disclose your personal information to third parties as follows:
- with your express consent
- for debt collection purposes
- for loss and fraud prevention purposes
- if required or permitted by law
- in connection with a sale or potential sale of all or part of LFI’s business (in that event we will only disclose your personal information if we are satisfied that the other party will apply appropriate security safeguards to the personal information and return the personal information to us if the transaction does not proceed)
- for optional marketing purposes (see below under “Collection, use and disclosure of your personal information – for optional purposes”)
From time to time, we may work with other organizations to offer and deliver goods and services to you on our behalf.
Consent: Subject to any legal exceptions, we will inform you as to why we are collecting your personal information and with whom it will be shared, if applicable, and we will obtain your consent at or before the time of collection. Depending on the circumstances, such as the way personal information is collected and the type of personal information, your consent may be implied.
We will not unreasonably require your consent to the collection, use or disclosure of your personal information for purposes other than those for which the information is collected as a condition to providing you with a product or service.
You may refuse to provide or withdraw your consent to the collection, use and disclosure of your personal information at any time, unless legal reasons prevent you from doing so. However, if you refuse to provide or you withdraw your consent, we may be unable to provide you with certain goods and services.
If you would like to withdraw your consent, please contact LFI customer service.
Collection, use and disclosure of your personal information – for optional purposes:
LFI may wish to use the personal information you provide to communicate with you for the purpose of offering you other products and services or allowing select organizations to offer you other products and services. These offers may be sent to you by mail, fax or electronically, including by email, text or sound messages, or by telephone at the telephone number you have provided to LFI.
The collection, use and disclosure of your personal information for such marketing purposes is entirely optional and not required as a condition of doing business with us. You may withdraw your consent at any time. Because of distribution schedules, you may continue to receive marketing communications for a short period of time while your request is processed. If you would like to withdraw your consent, please contact LFI customer service.
Maintaining and safeguarding your personal information: LFI has adopted security measures appropriate to the sensitivity of the information to protect your personal information against unauthorized access, loss or theft.
LFI limits access to personal information in its possession to those LFI associates and sub-contractors who need to know such personal information to provide you with the goods and services for which the information was collected.
LFI keeps your personal information only for as long as necessary to accomplish the identified purpose(s), and then securely destroys such information.
Security: For security of transactions, we use the Secure Sockets Layer (SSL) protocol, which encrypts any information you send to us electronically. The encryption process protects your information by scrambling it before it is sent to us from your computer. Once the website receives your transmission, we make commercially reasonable efforts to ensure its security on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.
Unlawful Activities: We may disclose personal information obtained through this website in order to co-operate with local, provincial, national and international authorities investigating improper or unlawful activities or to report improper or unlawful user activities on this website.
Web beacons: This website also uses web beacons for many of the same purposes as cookies. Web beacons collect non-personally identifiable information to let us know how our website is being used. We use this information to improve user experience on this website.
Information you send to the website: Apart from information relating to shopping orders, newsletters, we do not collect or wish to receive any information or other materials from you through this website that may be considered personal, confidential or proprietary. We will consider any such information and materials that you send to us to be non-confidential, and you will be deemed to have granted to LFI an irrevocable license and consent to use, copy, display, and distribute such information and materials for any purpose whatsoever.
LAST UPATED: June 27, 2019