General Terms and Conditions

INTRODUCTION

Standsome Americas Inc. (‘we’, ‘us’, ‘Standsome’, ‘Standsome Americas’ or ‘online provider’) operates the web site https://americas.standsome.com (our ‘Website’ or ‘Site’) 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 you wish 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://americas.standsome.com/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.

 

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 [email protected].

 

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.

 

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.

 

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

Canadian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Effective date: 2021-06-01