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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

YUPinc.ca – September 1, 2011

By visiting or shopping at yupinc.ca, you accept the following terms and conditions. Please read them carefully.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of YUP Inc. or its content suppliers and protected by United States, Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Yupinc.ca and protected by United States, Canadian and international copyright laws. All software used on this site is the property of Yupinc.ca or its software suppliers and protected by United States, Canadian and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YUPINC.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YUPINC.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YUPINC.CA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM YUPINC.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YUPINC.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

By placing an order, customer consents to and agrees to abide by any and all of the following Terms and Conditions

General Warranty
Yupinc.ca makes no warranty of any kind with respect to the information posted on this website. While Yupinc.ca makes every effort to ensure the accuracy of the data, this website could include typographical errors and technical inaccuracies. In addition, photos may not present actual products.

Prices
Prices listed on website are subject to change without notice. Although Yupinc.ca updates prices on daily basis, the actual prices, manufacturer promotions or offers may change before we are able to update and post the information on website. In the event of an unexpected cost increase or other change, we will contact you to determine whether you want to continue your order at the new price or cancel your order. We reserve the right to decline the acceptance of any orders.

Liabilities
In no event shall Yupinc.ca be liable for any damages caused by any product or failure of such product to perform, whether or not advised of the possibility of such damage and regardless of the theory of liability pursuant to which such damages may be sought.

Claims
If Customer makes any claims against Yupinc.ca or its owning Corporation, YUP Inc., Customer agrees that the venue for such claims will be in the City of Mississauga, Ontario, Canada.

Customer Credit Card Charges
If necessary, Customer authorizes Yupinc.ca to charge their Credit Card for any Restocking or other charges, in addition to the cost of the products to include shipping charges for any product returned.

Damaged Merchandise
When the merchandise is received, we ask that you inspect the outside of the cartons for any shipping damage. In the event there is noticeable damage to the cartons or packaging, we ask that this is noted on the freight bill as “Damaged Cartons. Subject to inspection”. If you find there is damage to the product contact us within 24 hours of receiving and we will either repair or replace the merchandise.

100% Satisfaction Guarantee
You may return any item with 14 days, excluding custom-built furniture, subject to the Return Policy stated below.

Return Policy
If an item is delivered damaged, please report it to us within 24 hours and it will be repaired to new condition, replaced or applied as a credit towards another item. Anyone returning orders without authorization from us will be responsible for the cost to reship it and the return will not be accepted. So please contact us, and make us aware of the problems before returning it, so that we may properly arrange collection from your location.

If there is nothing wrong with the merchandise and you simply do not like the choice you made, or if the furniture does not fit into the room or into the house the merchandise may be returned for a refund, credit or replacement item minus a 20% Restocking fee. You are responsible for all return shipping costs. Items must be returned within 14 days of receiving the merchandise. All products must be in the original packaging in order to be returned.

If the product is out of the packaging, an additional re-stocking fee may apply.  Custom-built items cannot be returned or exchanged.

Please note it may take up to 30 days for the refund to post to your credit card statement.

Redelivery
If you are not home at the agreed upon delivery time without notifying us to come back at a later time, you will be charged a fee for re-delivery.

Refusing Delivery
If you return, refuse, or miss your delivery appointment(s) for a non-defective/un-damaged product, you will be responsible for all return shipping costs.

If you do not pay these costs directly to the carrier in advance, they may be deducted from your refund, after the product is returned to the appropriate warehouse.

Warehouse Storage
When merchandise arrives at our warehouse and is ready for delivery, our staff will contact you and arrange delivery. We can store the merchandises up to one month for free. After one month of free storage period, a storage charge (25% of the merchandise value per month) will be incurred. If a customer arranges an approximate delivery date clearly stated on the invoice and the product arrives early, we will not charge the storage fee until 30 days after the original delivery date on the invoice.

Cancelling or Changing Orders
Standard Items:
Standard items can be cancelled anytime subject to a 20% restocking fee.

Custom Items:   A custom item is an item that differs from our catalogue items due to a change implemented by you, i.e. color change or modification to size. These items are all custom made to order and are not part of our normal in stock items in our warehouse. Custom items may be cancelled anytime prior to commencement of the manufacturing process. These orders cannot be changed after manufacturing has commenced.

Warranty Information
Yupinc.ca warranties all of its products for a period of one year for any manufacturing defects but excludes any wear and tear or damages caused by misuse or usage not intended for.

Out of Stock/Backorder Products
In some cases items will be backordered and out of stock. You will be notified with estimated delivery time. We cannot give out exact delivery dates since we are waiting for these products from the factories. In some cases this can take up to 6 weeks.

Shipping Dates
The shipping times we quote are estimates, not guarantees. When it comes to order times we are depending on the factory to provide us with the estimated ship date. If we find that there's going to be an unusual delay for your order, we will notify you.

Payment 
We accept Cash, Visa, Mastercard, CERTIFIED personal check, money order, and cashier's check. Your credit card will get charged once the order is confirmed.

Pricing
If there is a pricing error on our web site, we will contact you with the correct price before processing your order.

Sales and Discount
Sales are taken off the price before purchase. Sale prices are good only for the dates shown. We do not discount or credit previous orders that were not on sale at the time of purchase. In most cases the discounts are passed down from the manufacturer and we cannot discount prior sales.

Discontinued Items
On occasion items will be discontinued without notice. In this case we will contact you with a replacement or similar product. At this time the order can be cancelled without penalty.

Colour Shades
We do not guarantee colour, tone, shades or finishes on any item because screen settings may vary from computer to computer. For the best depiction of item colour, set screen so that other items in the picture seem to be in their natural colour. If you are trying to match items with other items you already have, you must do so at your own risk.