TERMS AND CONDITIONS

This website is operated by Ace Home Supplies, and the terms “we”, “us” and “our” wherever used, refer to Ace Home Supplies. Your use of this website is subject to your acceptance of all terms, conditions, policies and notices stated herein, except where any such terms, conditions, policies and notices affects any statutory rights conferred upon you by reason of any applicable consumer legislation which may be in force in the jurisdiction where the contract between you and us has been formed. 

Section I -Accuracy of Product Specifications and Product Descriptions 

We will do our utmost to provide accurate product descriptions of any item marketed on our website, but it shall be understood that certain goods or products may not lend themselves to detailed description. 

All descriptions or specifications made herein are reasonable approximations, and are intended for your use as a guideline only. We accept no liability for any advance preparation work done by you in anticipation of the delivery of our products should the description given fail to precisely match the product delivered to you. 

In addition, it is understood that our custom work relies upon the delivery to us of products we use to prepare the custom design we market, and for reasons of uncertain resource availability we therefore, reserve the right to make substitutions, alterations or variations based upon the products available to us, to the materials, colour grades, or technical specifications respecting the custom products we produce and market, notwithstanding any image, colour grade, or technical specification or other description which may appear on our website.

a) Samples, Descriptions and Illustrations 

While due care and attention will be taken to ensure that all products we market will as accurately as possible reflect what will be delivered to you, any color charts, samples or illustrations of goods or products marketed on our website are solely for purposes of general reference, and no liability shall attach to Ace Home Supplies as a result of any reliance made by a purchaser upon the general description of any such on line products ordered online from us. 

b) Custom design

Furthermore, it is understood that Ace Home Supplies will rely entirely upon the measurements supplied to it by the purchaser of any custom-designed products which are ordered from our website, and any errors, omissions or inaccuracies in the measurements supplied to us by any such purchaser shall remain the sole liability of the said purchaser and no returns on the delivery of custom ordered products shall be accepted for reason only of improper fit as a result of purchaser error. 

It is furthermore understood that any written custom product design which has been produced and provided to you by Ace shall remain the sole property of Ace Home Supplies and shall not be reproduced in whole or in part, nor shall any custom design depicted thereon be produced or manufactured by any other product supplier or custom-designer, without our express written consent. 

Section II – Pricing, Availability and Delivery 

a) Product Pricing and Product Availability

All price quotations given are reflective of product and materials acquisition costs or sales tax levies to which we are subject at the time of your order and the shipment of product to you. Should any change for any reason occur to our product or material acquisition costs, or to any sales or other taxes imposed upon us, and such change necessitates an increase in the price quoted to a purchaser, such purchaser shall be provided with the option to cancel the purchase order placed with us without further obligation. 

Should we for any reason be unable to supply to the purchaser any item which has been ordered from us, we will without hesitation refund any payment made to us, but without any further liability on our part for any compensation claimed by the purchaser for damages or losses the purchaser may sustain from our inability to supply any item. 

It is furthermore understood that all goods ordered from us on an “ex stock” basis are subject to prior sale, and no liability shall attach to us for our failure or inability to supply any particular item ordered from us. 

b) Product Delivery and Charges

Any delivery dates provided to you constitute our best estimate for product arrival and shall not be construed as a warranty that delivery will occur on a specific date, and we shall not be held liable for any losses sustained by a purchaser for delivery on dates which may fall outside the dates given in of our estimate. 

It shall be understood that our product deliveries to a purchaser are not within our sole control since in many cases we are in turn reliant upon our own suppliers for materials to be delivered to us, and products may, as a consequence, be delivered by instalment shipment, or on a date which is earlier or later than our estimated delivery date. 

Products are delivered by us to purchasers on a warehouse-to-driveway basis providing that road surfaces and driveway space at product destination can accommodate our delivery vehicle, and under no circumstances shall our delivery personnel enter a purchaser’s residence. 

It shall be understood that unloading and stacking of products delivered by our personnel shall be the sole responsibility of the purchaser, and shall be done at the purchaser’s own expense. Any such unloading shall include all product packaging, any packaging materials used, and product pallets all of which shall be deemed to constitute a part of the product purchased, and the disposal of which shall be at the risk, as well as the sole responsibility of, the purchaser. 

Our website product prices are exclusive of delivery charges unless otherwise indicated, and the cost of delivery will be added to your product order at checkout on our website. 

Should “free delivery” be indicated for the purchase of any product on our website, such delivery shall be restricted to days on which our delivery personnel have been scheduled to make other deliveries into the same area for which “free delivery” has been requested, and the purchaser agrees to accept “free delivery” which is based upon that express restriction. 

Should a purchaser require special delivery of products on a date, time or method of transport designated by the purchaser, the charges for this service can be quoted upon request, and will be provided to the purchaser for payment prior to product shipment. 

Following shipment of any of our products, goods or materials, we reserve the right to surcharge the purchaser for any alteration the purchaser may request to the planned delivery of the product which may include charges for the cost of product retrieval, return, redirection or redelivery resulting from the purchaser’s request for alteration. 

Section Ill – Product Inspection and Claims 

Should products, goods or materials delivered to the purchaser be damaged in transit, the purchaser shall be required on delivery of such damaged products, goods or materials, make a note of any such damage on the delivery manifest. 

If the number of items delivered does not correspond with the purchaser’s order, the purchaser shall be required upon the delivery of the incorrect number of items to make a note of any such shortages on the delivery manifest. 

Should the items delivered to the purchaser entirely fail to match the description of the items ordered, the purchaser shall be required upon the delivery of any incorrect items to make a note of any such incorrect items delivered on the delivery manifest. 

Whether items delivered are damaged, or there is a shortage delivered, or incorrect items are delivered to the purchaser, in all cases the purchaser shall be required to notify us in writing respecting the matter within forty-eight (48) hours of delivery.

Provided notification respecting any of the foregoing matters is made to us in writing within the above-prescribed times, we will do our utmost to ensure replacement items or shipment deficiencies are delivered to the purchaser without delay, but our delivery of these items will be subject to our suppliers’ own shipping schedule, and their entitlement to make changes to product specifications. Should the manufacturer be unable to supply replacement items within a reasonable time, or be unable to supply items whose specifications match, or closely approximate, those of the purchaser’s original order, we reserve the option to either ship to the purchaser the replacement items or to refund the purchase price paid. 

Section IV – Acceptance of Goods 

It is the purchaser’s responsibility on delivery to thoroughly inspect all products, goods or materials ordered from us, and no further steps should be taken by the purchaser or by any third parties who have been retained by the purchase to in any way alter or modify items ordered from us until a thorough inspection of them has been made by the purchaser. 

Any items ordered from us which have remained in the purchaser’s possession for a period of forty-eight (48) hours following delivery without receipt by us of written notification form the purchaser of damages or deficiencies to products shipped, or without our receipt of written notice of an otherwise incorrect shipment of products, or any items which have at any time following delivery been altered or modified by the purchaser, or by anyone acting on behalf of the purchaser, shall be deemed to have been accepted by the purchaser, and shall not to be subject to either replacement by us, nor shall the purchaser be entitled to a refund from us for the purchase price paid. 

Section V- Statutory Rights and Warranties 

Subject to any additional statutory rights and entitlement which may be granted to the purchaser in the legal jurisdiction which governs the purchase of products from us, the purchaser shall be entitled to rely upon the original manufacturers warranty respecting any such products delivered to us for re-sale, and which said warranty shall be subject to the terms and conditions of the manufacturer, the particulars of which will be supplied by us to any purchaser upon request. 

It shall be understood that the product warranty herein cited shall exclude coverage for any product misuse, neglect or accident, howsoever caused, nor shall warranty coverage extend to the cost of routine maintenance of the product. 

Section VI – No Endorsement of Third Party Installation nor Liability for Failure to Obtain Permits 

Upon request, we will provide interested purchasers with the names and contact information for product installers for bathroom or kitchen fittings, but it shall be understood that the provision by us of the names of any such installers shall not constitute endorsement of the ability or quality of workmanship of any such tradesmen, and we accept no liability for any loss, damages, or expenses incurred by the purchaser or by any third party as a consequence, direct or indirect, and howsoever caused, of the acts, omissions, negligence or poor workmanship of any such product installers whose name may be provided by us. 

The Purchaser shall be responsible for ascertaining what, if any, permits may be required in the jurisdiction in which the products are intended to be installed, as well as for obtaining at the sole cost of the purchaser, any and all such permits mandated by that jurisdiction, and the breach of any building codes, bylaws, or building regulations pertaining to the installation of our products by a purchaser, or by any third party acting on behalf of the purchaser, shall not be our responsibility nor shall we be liable for any damages caused thereby. 

Section VII- Governing Law 

Regardless of the place of residence of any purchaser of our products, goods or materials, it is understood and agreed that the laws of the Province of Alberta shall govern any transaction for the sale of products, goods and materials delivered by us to the purchaser, and any dispute between the purchaser and us which may arise as a consequence of any such transaction, shall be referred for resolution to a Court of competent jurisdiction in the Province of Alberta. 

Section VIII – Consumer Protection Act 

The provisions of the Consumer Protection Act RSA 2000, c. C-26.3, shall apply to any on line transaction entered into between a purchaser and us, which provisions entitle a purchaser to cancel any contract made between us should we fail: 

a. To provide disclosure to the purchaser of all information required from us pursuant to s. 4(1) (a) of the Act; 

b. To provide, pursuant to s.4(1){b) of the Act, the purchaser with an express opportunity to accept or decline the contract and an opportunity to correct errors immediately before entering into it; 

c. To provide a purchaser with a copy of an internet sales contract referencing the foregoing requirements within 15 days of entering into a contract with a purchaser pursuant to SS.5(1) and 5(2) of the Act; 

d. To provide the purchaser, pursuant s.6(2)(a) of the Act, with the delivery of the products, goods or materials ordered from us within thirty (30) days of the date of the contract entered into by the purchaser and by us. 

Section IX – Methods of Payment 

We offer the on line purchasers of our products the option of payment for any transaction entered into by means of either a MasterCard or Visa credit or debit card. 

Should you wish to pay for products using either e-transfer, or by cheque, please see below. 

All fields when completed by the purchaser which relate to the purchaser’s name, delivery address and telephone number must be aligned with the same particulars for each which the purchaser’s credit issuer will have on file for the credit or debit account used by that purchaser. 

The incorrect entry by a purchaser of the foregoing information will serve to delay the processing of a purchase order, and the processing of the same can only proceed once bank authorization for the transaction has been received by us. 

Any purchasers who wish to pay for their transaction using either e-transfer or by cheque are requested to email us at: info@acehomesupplies.com to indicate which products the purchaser is interested in, and the proposed method of payment. 

Upon our receipt of such email, we will supply the purchaser by return email with a copy of our invoice as well as with particulars concerning how to make payment arrangements and shipping details. 

We thank you for doing business with Ace Home Supplies! 

YOUR LEADER IN CANADIAN LUXURY HOME SUPPLIES