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Conditions générales

INTRODUCTION

Standsome Americas Inc. (‘we’, ‘us’, ‘Standsome’, ‘Standsome Americas’ or ‘online provider’) operates the web sites https://standsome.ca and https://standsome.us (our ‘Website’, ‘Websites’,  ‘Site’ or ‘Sites’) whereby we offer certain products, including but not limited to, standing desks (our ‘Product’ or ‘Products’) and services, including, but not limited to, purchasing, payment, shipping and delivery (our ‘Services’). If the user (hereinafter referred to as ‘You’ and ‘Your’) wishes to use the Site as a visitor or sign up for a Standsome user account (become a ‘User’ or ‘Customer’), regardless of whether you buy any of our Products or use any of our Services, please carefully read these terms of use (the ‘Terms of Use’ or this ‘Agreement’), Standsome Americas’ Privacy Notice and Policy and Standsome America’s Disclaimer and Limitations of Liability (available at https://standsome.ca/disclaimer-and-limitation-of-liability/ and https://standsome.us/disclaimer-and-limitation-of-liability/). This Agreement sets forth the terms and conditions that apply to your access and use of the Site (whether you are as a visitor or User) and the terms and conditions under which we provide Products and our Services.

 

WEBSITE OPERATIONS

The Sites are operated by us in Canada. We make no representation that parts of the Websites, including the Consent is appropriate or may be used in places outside Canada. You are responsible to ensure that your access to this Website and Content available on or through it are legal in each jurisdiction in or through which you access or view the Website or such Content. People choosing to use the Website do so at their own risk and they are responsible for complying with all local laws.

 

ACCEPTING THE TERMS

By using the Site, ordering one of our Products or using one of our Services, you agree to be bound by the terms and conditions of this Agreement and Standsome Americas’ Privacy Policy, as they may be amended from time to time in the future. You may not use the Site, order Products or using Services if you are not of a legal age to form a binding contract with Standsome Americas. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a person or entity, that you have the authority to bind such person or entity to it. If you do not accept these Terms of Use, you are kindly requested not to use the Website any further.

 

USER ACCOUNT INFORMATION

By opening an account with Standsome Americas, you will choose a password and email address combination that will allow you to access the website as a user. If you were to share this information with third parties, Standsome Americas would not have any way to keep your information private from these third parties, hence, you agree that you are responsible for maintaining the confidentiality of this information. In any case, you are bound by the terms of use of Standsome Americas to keep the login information confidential and for your personal use only. If you become aware of any unauthorized use of your account information, you must notify us immediately in writing by sending an email directly to admin@standsomeamericas.com.

 

STANDSOME AMERICAS’ PRODUCTS AND SERVICES

  • CONCLUSION OF CONTRACT
    • Contractual partner of all orders is Standsome Americas Inc.
    • The offers of the online provider are non-binding.
    • By clicking the order button, the customer bindingly declares to the online provider that he wishes to purchase the contents of the shopping cart.
    • By clicking the button “Send order” you place a binding order for the goods contained in the shopping cart.
    • The confirmation of receipt of the order follows immediately after sending the order. The purchase contract is concluded with our delivery confirmation or delivery of the goods.
  • DELIVERY TIME / INFORMATION ABOUT NON-DELIVERABLE PRODUCTS
    • The delivery of goods in stock is usually within 10 working days, but in any case, as soon as possible. Should the online supplier ask for an advance payment, the delivery dates may be postponed.
    • If an item is not available, the online provider will inform the customer on the invoice, or the customer will receive a separate written notification.
  • INFORMATION OBLIGATIONS
    • The customer is obliged to provide truthful information during registration.
    • If data of the customer changes, in particular name, address, e-mail address, telephone number, bank details, the customer is obliged to notify the online provider of the change immediately by changing the information.
    • If the customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, the online provider can, insofar as a contract has been concluded, withdraw from the contract. The withdrawal shall be declared in writing. The written form is also met by sending an e-mail. By the false indication of data, the concerned / customer makes himself liable for damages beyond that.
    • The online provider sends the customer immediately after the conclusion of the contract an e-mail with the customer information to the e-mail address provided by the customer during registration.
    • The customer must ensure that the e-mail account specified by him is accessible from the time of the order, and not due to forwarding, shutdown or overcrowding of the e-mail account fails to receive e-mail messages. The incorrectness of the information is assumed if an e-mail addressed to the customer fails three times in a row, or the service cannot be provided by the online provider due to incorrect address.
  • PAYMENT
    • With the order, an advance payment in the amount of the purchase price is due immediately without deduction, unless payment by invoice or cash on delivery is agreed.
    • According to the law on accelerated collection of outstanding debts, the customer is legally in default if he does not pay within 30 days after the invoice date. In the event of default, the claim shall bear interest at the statutory default interest rate of 5 percentage points above the respective prime rate of the Bank of Canada, unless higher interest rates can be demanded for any other legal reason. However, the assertion of further damages is not excluded.
    • The customer has the right to offset only if his counterclaims have been legally established or recognized by the online provider.
    • The customer may exercise a right of retention only if his counterclaim is based on the same contractual relationship.
  • SHIPPING AND DELIVERY
    • Shipping costs are incurred for deliveries of goods. These are to be borne by the customer.
    • Shipping costs for delivery are calculated and set depending on the customer’s exact delivery address.
    • Regarding shipping costs for delivery, please check our shipping options page.
    • Regarding delivery to other countries as well as business client inquiries please contact us by e-mail.
  • RESERVATION OF PROPRIETARY RIGHTS
    • The delivered goods remain the property of the online provider until full payment of the purchase price, regardless of the expiry of the withdrawal period.
  • WARRANTY
    • Notification of all obvious and / or recognized defects or incorrect deliveries must be made immediately, but no later than 48 hours after receipt of the goods. The warranty claim does not cover damages resulting from improper handling and use of the goods as well as normal wear and tear resulting from improper handling and use of the goods as well as normal wear and tear which do not constitute a defect. Compensation for consequential damage caused by a defect is excluded.
    • If the object of purchase is defective at the time of delivery, the customer has the choice of whether subsequent performance is to take place through repair or replacement. The online provider is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.
    • If the supplementary performance fails, the customer may in principle, at his discretion, demand a reduction of the purchase price (reduction) or rescission of the contract (withdrawal) as well as damages. In the case of only minor defects that do not or do not significantly affect the usability of the purchased item, the customer has no right of withdrawal.
    • If the online provider delivers a defect-free object of purchase for the purpose of subsequent performance, the online provider may demand the return of the defective object of purchase from the customer.
    • Claims of the customer due to defects expire three months after receipt of the goods.
    • Damage caused by improper actions or actions contrary to the contract by the customer does not justify a claim against the online provider.

 

SPECIFIC TERMS AND CONDITIONS FOR REVIEWERS

Standsome Americas Inc. is using the services of Customer Reviews LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 to obtain reviews from customers about Standsome’s Products and Services (hereinafter referred to as “Cusrev” or “Cusrev.com”).

Cusrev has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.

Standsome operates a business in which customer email addresses are held and linked to a sale or other business transaction. Cusrev provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with Standsome. 

Please review the Cusrev Terms and Conditions for Reviewers (hereinafter referred to as “User Terms”) by clicking on the link.

These User Terms are deemed to include all other operating rules, policies and guidelines that are referred to herein or that we may otherwise publish on our Website (as such, rules, policies and guidelines may be amended from time to time). Our General Terms and Conditions are deemed to support these User Terms.

If you do not accept these User Terms, you are kindly requested not to use the Customer Reviews functions any further. By submitting a review you are expressing acceptance of these Terms and Conditions for Reviewers.

YOUR CONTENT

You agree to use the Website in accordance with the following rules. All content submitted by You, including, but not limited to, Your name, biographical information and all other names, likenesses, graphics, logos, marks, text, images, photographs, and all other information and material shall be called « Your Content » for short.

We reserve the right to publish your name next to your review on our site and our partners sites. There is the option to anonymise your review before submitting. If for any reason you would like to remove your name after reviewing please contact us at admin@standsomeamericas.com.

When writing a review your name and/or email address will still be visible to us even if it is set to publish anonymously.

You grant to Standsome a non-exclusive, perpetual, irrevocable, transferable, royalty-free license (including full rights to sub-license) to use Your Content in any media throughout the world without restriction, and You warrant that any material You submit is Your own work or that You have obtained all necessary rights and permissions of the relevant owner and that You have all relevant rights in Your Content to enable You to grant the rights in this clause.

You hereby unconditionally and irrevocably waive and agree not to assert any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with our exploitation of the rights in Your Content granted here under, to the maximum extent permissible by law.

You agree you are a genuine consumer with a genuine experience of the product or service you are reviewing and you do not have any professional or personal relationship with the company that you are reviewing.

Publication of Your Content will be at our sole discretion and we are entitled to make additions or deletions to any such material prior to publication, after publication or to refuse publication.

We want everyone to be able to share their views on our Website. As such, you agree to use the commenting procedure in an appropriate manner. It is at our discretion to prevent you submitting comments on reviews for excessive use or misuse of the functionality. You agree not to leave any website links, email addresses or personal information (including names & phone numbers) in your reviews, comments and questions on the website.

You undertake to us that Your Content or its use in accordance with these Terms and Conditions shall not:

  • infringe copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
  • contain any personal information relating to any persons under 18 unless You are either their parent or legal guardian or have obtained the signature and authority of a parent or legal guardian of any such person permitting You to submit such person’s name or other content related to such person;
  • contain any content that does not meet our Content Standards (see below);
  • contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material; or
  • violate any applicable law, statute, ordinance, rule or regulation.

If Your review contains any material that is not owned by or licensed to You and/or which is subject to third party rights, You are responsible for obtaining, prior to submission of Your Content, all releases, consents and/or licenses necessary to permit use and exploitation of Your Content by us in accordance with these Terms and Conditions without additional compensation.

Whenever You submit Your review to the Website, Your Content must comply with our review guidelines. If Your review does not comply with our review guidelines, we reserve the right to suspend You from using the Website without notice.

REVIEW GUIDELINES

Your Content must:

  • be accurate where it states facts.
  • reviews must be written from a privileged position i.e you must have had interaction with the company or product being reviewed. We do not allow reviews to be posted on behalf of the person in the privileged position.
  • be genuinely held where it states opinions.
  • comply with applicable law in any country in which it is posted.

Your Content must not:

  • contain any material which is defamatory of any other person;
  • contain any material which is obscene or offensive;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • contain misleading or deceptive statements or omissions or misrepresent Your identity or affiliation with any person;
  • falsely represent that You are a consumer;
  • contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;
  • be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
  • be likely to harass any other person;
  • be likely to disrupt our service in any way;
  • give the impression that they emanate from us where this is not the case; and
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
 
USE OF YOUR CONTENT

Although we have no obligation to moderate content on this Website, we reserve the right to monitor any information transmitted or received through our Website. We reserve the right to reject, block, suspend or remove Your Content at any time and in our sole discretion. We in no way guarantee that Your Content or any part of it will be displayed on the Website.

INDEMNITY

You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Your Content and/or any breach by You of any term of these Terms and Conditions.

PRIVACY AND YOUR PERSONAL DATA

The privacy of Your personal data is important to us. For more information about how we will process Your personal data, please see our Privacy Notice and Policy.

We may provide cookie and a de-identified data to trusted partners, this data is used for matching to other data about you to improve the relevance of online advertising and personalisation. Your actual email address is at no time shared with our 3rd party partners.

To opt-out of third party cookies, please go to http://www.aboutads.info/choices or Your Online Choices at http://www.youronlinechoices.com.

LIABILITY

The liability of the online provider for slightly negligent breaches of duty is excluded, unless these relate to essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or the claims are based on the Consumer Product Safety Act, the Consumer Protection Act and the Product Liability Act. The same shall apply to breaches of duty by the vicarious agent.

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.

We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials.

We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials.

We shall not be liable for any loss caused as a result of Your actions or inactions based on the Materials available on this Website. However, nothing in these Terms and Conditions shall affect Your statutory rights.

INDUSTRIAL PROPERTY RIGHTS

The online provider retains the sole property rights and copyrights to all drawings, patterns and designs produced by the online provider. Objects or drawings made according to designs of the online provider may not be made available to third parties, in particular competitors, under any circumstances. The recipient of the objects is liable for all disadvantages caused by the utilization of the models by non-authorized persons.
The customer shall be liable for any infringement of third-party industrial property rights if the manufacture and delivery of items were carried out by us according to his specifications. He undertakes to immediately indemnify the online provider against claims for damages by third parties in the event of an infringement of third-party property rights caused by this.
Items manufactured by the online provider will be used for the online provider’s advertising. If a customer has a legitimate interest in the secrecy of the items produced for him, a timely agreement with the online provider could be executed.

APPLICABLE LAW

With the exclusion of Cusrev Terms and Conditions for Reviewers, Canadian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

CONTACT US

If You have any concerns or queries about material which appears on our Website or if You have questions about Your use of this Website or these Terms and Conditions please get in touch with us at info@standsomeamericas.com or by dial the toll free number 1.833.786.3766.

Effective date: 2022-02-02