Last Updated: January 2022

Welcome to sundays-company.com or sundays-company.ca (the “Sundays website” or the “Site”), which is operated by Sundays (referred to herein as “Sundays”, “us”, “Us”, “We”, or “we”).  These terms of use (“Terms of Use”) and terms of sale (“Terms of Sale”) (collectively, the “Terms and Conditions”) set out the terms and conditions on which we make available services (the “Services”) and supply any of the products (“Product” or “Products”) available for purchase at our retail store locations (including corporate and licensee), listed on our website sundays-company.com and sundays-company.ca and include your use of the provided Sundays website features and other services and activities when you visit or shop at our retail locations and the Site. The current version of these Terms and Conditions is indicated above. These Terms and Conditions constitute a legally binding agreement and govern the use of the Site, including the purchase of any products through the site and any purchase made from our retail locations.

You accept these Terms and Conditions by doing any of the following:

(1)  Visit, access or use the Site or any Services made available through the Site; or

(2)  Visit or shop at one of our retail pop up locations and use our in-store activities and POS; or

(3)  Clicking on or selecting “accept” or “agree” when presented with these Terms and Conditions on the Site; or

(4)  Registering a user account on the Site; or

(5)  Otherwise using the Site or any Services made available through the Site or purchasing any Products through the Site; or

(6)  Uploading content to the Site or communicate directly with us; or

(7)  Using Sundays mobile message service.

1. Terms of Use

Information About Us

www.sundays-company.com and www.sundays-company.ca is a website operated by Sundays in Canada. Our registered headquarters and mailing address is 1728 Glen Drive, Vancouver BC V6A 4L5 CANADA.

Changes & Updating These Terms & Conditions

We reserve the right to change or modify these Terms & Conditions at any time and at our sole discretion. If we make changes to these Terms, we will notify such changes by posting a notice on our Site and/or updating the “Last Updated” date above. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you are not in agreement with such changes or modifications, you must stop using our Site.

Access

We have the right to withdraw or amend this Site, and any Services, functionality, or material we provide on the Site, at our sole discretion, and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to disable any account, username, password, or other identifiers, at any time in our sole discretion for any or no reason, including as set out in these Terms and Conditions.

Privacy

Please review our Privacy Policy, available at https://www.sundays-company.ca/policies/privacy-policy, which informs users of the Site and Services about the collection, use and disclosure of personal information retained by Sundays.  The Privacy Policy also governs the use of the Site and our retail locations to understand how we collect, use, disclose, and secure individual personal information and any right that you may have.  In the event of any inconsistency between these Terms and Conditions and the Privacy Policy with respect to the collection, use and disclosure of your personal information, the Privacy Policy shall govern.

Your Account & Password

If you use sundays-company.com or sundays-company.ca, you are responsible for maintaining your account and password's confidentiality and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, including for any orders placed through or using your account and password.

Our Liability to You

Our Products are designed for residential use, unless otherwise stated. We do not make any guarantees or warranties about the performance of our Products in a commercial environment. We have no liability to you for any loss of profit, loss of business, business interruption, or business opportunity loss. If Products are stated that they are designed for performance in a commercial environment, the one-year warranty, and the disclaimers of representations and warranties set out in these Terms and Conditions, is still applicable.

Notice & Take Down Policy

If by any means, you feel that content on or made available through our site infringes on your rights or any rights of a third party you represent, or otherwise breaches any Rules of Acceptable Use & Conduct set out in these Terms and Conditions, please reach out to us immediately at info@sundays-company.com. When reporting such a breach or infringement of your rights, please provide the following information:

• Your name and contact information; and
• A statement explaining whether you believe that the content you are contacting us about infringes on your rights, the rights of a third party you represent or otherwise feel the content breaches the Rules of Acceptable Use & Conduct.

We reserve the right to take any action we deem appropriate, in connection with any complaint or report submitted  by you.  The appropriate action will be taken depending on the nature of your reported content, and the results of our investigation. This may also include taking no action if we believe the reported content does not infringe on any rights or the Rules of Acceptable Use & Conduct. Please note that we are not obligated to discuss or inform you of our chosen course of action following any reports from you.

Acceptable Use & Conduct

In addition to the other requirements within these Terms and Conditions, by making use  of the Site or otherwise agreeing to these Terms and Conditions, you agree to following rules of Acceptable Use & Conduct. You must not and you hereby agree with you will not:

• In any way violate any applicable federal province, state, local or international laws or regulations including, without limitation, any laws regarding the export of data or software to and from Canada, the US, or other countries;
• Disable, remove, circumvent or otherwise interfere with any security-related or access control features that prevent or restrict the use or copying of the content accessible on the Site;
• Give any false information regarding your personal information and personal account details, or use or attempt to use another person’s account, Service, or personal information;
• Impersonate another person or entity or take another person’s identity without that person’s permission or misrepresent that you are acting on behalf of a person, entity, or organization;
• Restrict or inhibit any other person from using or enjoying the Site, or the Services offered through the Site;
• Advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users of the Site;
• Other than use of the Site and the Services by you in accordance with these Terms and Conditions, offer, for a fee or free of charge, services consisting of processing data through the use of the Site or the Services;
• Upload, post or otherwise make available on or through the Service and Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right;
• Send junk, spam or repetitive messages to any of our Customer Care email accounts;
• Engage in any unlawful, hateful, racist, homophobic, or anti-LGBTQ conduct;
• Modify, interfere, disrupt or hack the Site, including misuse of the Site by knowingly introducing any sorts of viruses;
• Collect any data from the Site other than in accordance with these Terms & Conditions;
• Contribute or submit any content that is threatening, abusive, untrue, obscene, shocking, or offensive;
• Harm, abuse, or bully another site user, member of our staff or any other persons affiliated with Sundays;
• Contribute or submit any user content without the content owner's permission or otherwise infringe the copyright, trademark or other rights of third parties;
• Otherwise, attempt to interfere with the proper working of this Site; or
• Contribute or submit any information, commentary, or reviews about another person which is untrue, private or confidential.

Without limiting the remedies available to Sundays at law or in equity, Sundays may terminate your rights to use or access the Services or the Site if you are found to be using the Services or the Site to engage in any of the foregoing activities  Sundays may, in its sole discretion, terminate or suspend your access to all or any part of the Site and Services at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions.

Proprietary Rights, Copyright, and Trademarks

We are the owner of all intellectual property rights in our Site and the material published on the Site. Copyright laws and treaties worldwide protect all works published and uploaded to the Site, and all such rights are reserved. Permission to access our Site and the material on or made available through the Site is only for your personal use. Any other use of our Site or the content made available through the Site is prohibited.

All content included on or made available through sundays-company.com or sundays-company.ca, including design, text, logos, graphics, photographs, images, videos, webinars, audio clips, button icons, and digital downloads, is the exclusive property of Sundays, or its content suppliers, and is protected under Canadian and international copyright laws. All graphics, logo, page headers, button icons, scripts, and service names on or made available through sundays-company.com or sundays-company.ca, and the Services made available through the Site, are trademarks of Sundays.

Disclaimer & Liability

Access to our Site is permitted on a temporary basis, and we may limit or terminate access to our Site at any time and without notice. We will not be held liable if our Site is unavailable at any time or for any period of time. We will not be held responsible for any errors or any technical problems you may experience with our Site's content. When and if we become informed of any inaccuracies in the content on our Site, we will attempt to correct it as soon as we possibly can. While we have made it a priority to ensure that any information presented on the Site is correct, all the information on our Site is presented without any guarantees, conditions, warranties. The Site is made available to you on an "As-Is" basis. We are not responsible for anything that occurs from your reliance on the content of our Site.

To the extent permitted by law, except as expressly set out herein, Sundays disclaims all representations, warranties, or conditions regarding the Site and Services and the Products available for purchase through the Site, express or implied or statutory, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, and non infringement. Sundays does not represent or warrant that the Site, the Services, or the Products available for purchase through the Site are or will be accurate, complete, reliable or current, that the Services or the Products will operate error free or uninterrupted, or that the Site is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You acknowledge that Sundays is not responsible for any interruption or suspension of the Site, regardless of the cause of the interruption or suspension.

To the extent permitted by law, except as expressly set out herein, in no event will Sundays or its affiliates, licenses, or suppliers, or the directors, officers, employees, agents or representatives of any of them, be liable for damages of any kind, including without limitation any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages, loss of profits, failure to realize expected savings or loss of data, for any cause of action whatsoever, and whether in contract, tort (including negligence) or any other legal or equitable theory arising out of or in any way connected with use of the Services and Products.

Links & Linking

You may link to sundays-company.com or sundays-company.ca, provided that you do so in a way that is legal, fair, and does not damage our representation or take advantage of it. We will abolish any links that suggest any form of association, approval, or endorsement on our part when one does not exist. You agree to remove any links to our Site on a website that is owned or controlled by you, at our request.

Links to third-party websites on the Site are provided solely for your convenience. The use of these links will have you leave our Site, we do not control and are not responsible for these websites, their content, their privacy practices, or their availability. Users should be aware of this when they use our Site, and are encouraged to review the privacy statements of any third-party website they access from the Site.

Severability

If any of these Terms & Conditions is held to be invalid, the remaining Terms & Conditions will continue to be valid to the fullest extent permitted by law.

Jurisdiction, Applicable Law & Resolving Disputes

By accessing or using the Site, you acknowledge and agree that these Terms and Conditions and all matters relating to your use of the Site and Services, and your procurement of Products through the Site, shall be governed by and construed in accordance with the laws of the Province of British Columbia (without regard to conflict of law principles) and the Federal laws of Canada applicable therein, and regardless of your location. All disputes arising out of or related to these Terms and Conditions or any aspect of the relationship between you and Sundays, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that you and Sundays are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis. Class arbitration and class actions are not permitted. To the extent permitted by law, you agree that all matters relating to your use of the Site and Services, and your procurement of Products through the Site shall not be brought as a class arbitration or class action.

Transfer of our Rights

We may and are obliged to transfer our rights and obligations with you under these Terms and Conditions to another organization. We will do our best to notify you in writing when and if this happens. This will in no way affect your rights or our obligations under these Terms and Conditions.

Feedback

All feedback is welcomed. You can contact us at any time regarding, but not entirely pertaining to your online or in-store experience or purchase made, or if you require any additional Product information. Please visit Contact Us for more information.

Age

The Site is not intended for children under the age of majority. Unless otherwise disclosed, you hereby represent that you have reached the legal age of majority in your jurisdiction of residence. 

If you are under the age of majority in your area of residence, you may use the Site services only with a parent or guardian's involvement. Sundays reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. If you are a parent or guardian that provides consent to your minor's registration with and use of this Site, you agree to be bound to these terms regarding such minor's use of the Site.

User Generated Content & the Use of Social Media Tags

By sharing, submitting and uploading any of your data or content, including but not limited to photographs, images, videos, music, art, or comments, to the sundays-company.com or sundays-company.ca websites, social media channels (including without limitation to @sundaysfurniture, #sundayseveryday, or any other similar social media tag related to sundays-company.com or sundays-company.ca), including but not limited to Instagram, Twitter, and Facebook, and pages dedicated to Sundays in discussion forums like Reddit, you grant Sundays a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, share, prepare derivative works of, display and perform your user data, in any manner for the benefit of Sundays. You acknowledge and agree that you are solely responsible for all the user data that you make available by or through such means.

Accordingly, you represent and warrant that (1) you have all rights, licenses, consents and releases necessary to grant Sundays the required rights to disseminate any user data and content, and (2) neither your data and content nor your posting, uploading, publication, submission or transmittal of this data and content or Sundays’ use of your uploaded data and content (or any portion thereof) on, through or utilizing the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of publicity or privacy or result in the violation of any applicable law or regulation.

Mobile Message Service Terms and Conditions

The Sundays mobile message service (the “MM Service”) is operated by Sundays. Your use of the MM Service constitutes your agreement to these Mobile Message Service Terms and Conditions (the “Mobile Terms”). We may modify or cancel the MM Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the MM Service following the effective date of any such changes shall constitute your acceptance of such changes to the Mobile Terms.

By consenting to Sundays’ MM Service, you agree to receive recurring SMS/text messages from and on behalf of Sundays through your wireless provider, to the mobile number you provide, even if your mobile number is registered on any state, provincial, or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sundays. Your participation in this program and use of the MM Service is completely voluntary.

We do not charge for the MM Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages that you send and receive in connection with the MM Service, including charges from your wireless provider.

You may opt-out of the MM Service at any time. Text the single keyword command STOP to +1 (855) 721-1300. You'll receive a one-time opt-out confirmation text message. If you provide  confirmation that you wish to opt out, no further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sundays mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For MM Service support or assistance, text HELP to +1 (855) 721-1300 or email info@sundays-company.com.

We may change any short code or telephone number we use to operate the MM Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the MM Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the MM Service with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the MM Service, any errors in such information, and/or any action you may or may not take in reliance on the information provided via the MM Service or the MM Service.

Supplier Responsibility

Products available for purchases on the Site are supplied by third-party suppliers (“Suppliers”) to sundays-company.com or sundays-company.ca. Our Suppliers are solely responsible for providing accurate information about the Products they supply to sundays-company.com or sundays-company.ca, including, where applicable and without limitation, consumer warnings, and information about materials deemed unsafe or hazardous.

Indemnity

You agree to indemnify and hold harmless sundays-company.com or sundays-company.ca, our affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities, expenses (including attorney’s fees) that may arise from your use of or activities in connection with the Site, Products, and Services.

Customer Review Policy

We have a verifiable product review feature on the Site where we will review and publish customer reviews on a review-by-review basis. You agree to the publishing of any review that you submit, and you acknowledge and agree that reviews that will be published on an internal review basis.

Force Majeure

You acknowledge and agree that Sundays will in no case be held or considered liable for the postponement or non-fulfillment of any orders for Products or Services, or inaccessibility of the Site for any matter outside of the reasonable control of Sundays, including, however not constrained to, occasions out of the ordinary such as technology failures including internet shutdowns, computer or software blackouts, electricity shortages, labor debates, strikes, insurgencies, civil unrest, deficiencies in material or workforce, floods, fires, acts of God, warn, government legislations, court orders from domestic or foreign courts, third parties, or tribunals.

Contacting You

If we must get in contact with you or give you notice in writing, we may do so by e-mail or by pre-paid post to the address you provide to us in your Account or that you have given to us at one of our retail locations.

Contacting Us

Sundays values your inquiries and comments about our Services and Products and we invite you to email us. We will direct your messages to those inside our organization who are most fit for tending to the issues your message contains. We may store your message for a specific timeframe or dispose of your message at our discretion. Please visit our Contact Us page for more information.

If you have any questions about these Terms and Conditions, please contact us by email, as stated above, by phone at 1.800.786.0625, or by mail: 18 East 5th Avenue, Vancouver BC, V5T 1G8 CANADA

Cookies

Cookies are delicious. A cookie is a file that enables our Site to identify a visitor. The cookie is saved in your device (e.g., smartphone, tablet, or desktop computer) to identify you when you return to the Site. We use so-called session cookies that are temporarily stored in the memory of your device in order to facilitate your use of sundays-company.com and sundays-company.ca. By setting your device to allow cookies, you agree to receive cookies from sundays-company.com and sundays-company.ca. You have the option to decline cookies, and you can also withdraw your consent to accept the use of cookies on your device. Doing so may cause sundays-company.com and sundays-company.ca or certain Services available through the Site to malfunction during your visit.  A summary of the cookies that we use is included in our Privacy Policy.  

1. Terms of Sale

Sales Promotions

Any contests, raffles, surveys, games, or similar promotions made available through sundays-company.com and sundays-company.ca or any of our retail locations may be governed by rules that are separate from these Terms and Conditions. If you participate in any of these promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will govern and will be displayed in any in-store or online promotion within the emails and promotion content.

General Terms of Sale

1. Ordering Products Online

You can place orders for Products with us by following the process outlined on our Site. You acknowledge that by placing an order with us, you will be under obligation to pay for the Products once your order is accepted. Our order process allows you to check and change any errors before submitting your order to us. It is essential to take time to read and check your order at each stage of your ordering process. All orders are subject to acceptance by us. We will send you your order confirmation by e-mail after receiving your order. This is what will constitute acceptance by us. We will charge your chosen payment method after we accept your order. Unfortunately, we cannot stop an order once it has been dispatched for delivery. If you change your mind about your order at this point, you can reject the delivery or return the Products to us in accordance with our Return Policy. Specific delivery and return shipment fees fall upon the customer as outlined in the Return Policy.

We reserve the right, without notification, to limit the order quantity on any item and/or refuse service to any customer. The verification of your information may be required prior to the acceptance of any order and includes the collection of personal information that will be processed in accordance with our Privacy Policy.

Prices and availability of Products are subject to change without notice, as we reserve the right to revoke any stated offer to correct an offer, error, or inaccuracy that appears on the site, including after an order has been submitted.

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, or restrict or terminate any account for any reason, at our sole discretion.

1. Product Delivery ETAs

All product ETA's that we give are estimates only. This means they can change at any time & Sundays cannot assume any responsibility for any product delays due to shipping or production.

1. Availability

All orders for Products are subject to the availability of those Products and the materials used for making those Products. If for any reason, the Products you have ordered are not available or are subject to any delay, we will inform you as soon as possible. Generally, pre-order items will be clearly displayed.

1. Images, Color, and Sizing of Products and Product Descriptions

We have made every effort to display the Products, their colour, and their sizing accurately. However, any information presented through or on our Site is made available solely for general information purposes. We cannot guarantee that your computer will display the colours accurately. The Products delivered to you may vary slightly from the images of Products posted to the Site. Although we have made every effort to be as accurate as possible, the measurements, dimensions, weights, and weight capacities shown on our Site are approximate only. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability arising from such reliance placed on any materials and Product information by you or any visitor to the Site. The Site may include content provided by third parties. We do not warrant that statements, opinions, or content expressed by these third parties or us through the Site are accurate, complete, reliable, current, or error-free.

1. Prices of Products

We have made every effort to display the Product prices accurately. However, the pricing of Products may change from time to time, without specific notice to you, and at our sole discretion. Due to the large number of Products on our site, it is always possible that some of the Products listed may be incorrectly priced, despite our efforts of accuracy. Where permitted to do so according to applicable law, we have the right to cancel an order in the event that an order was caused by human or system error.

1. How to Pay

We accept all major credit cards (VISA, Master Card, AMEX), and Splitit Payment Plan.

1. Delivery & Pick-Ups

Please see our Shipping / Returns statement for more information.

1. Cancellations, Refunds and Exchanges

Please see our Shipping / Returns statement for more information.

1. Risk and Ownership

Risk of loss and title for Products purchased from Sundays to be delivered at a later date, pass to you upon our hand off of the Product to our delivery partners. Ownership of the Products will pass to you when we receive your full payment for the sum of your order regarding the Product(s), including delivery charges.

1. Our Warranty

We hope you will be pleased with everything you purchase from Sundays. But we completely understand that things happen, and in the unlikely event that your items arrive to you in less than perfect condition, please do not hesitate to get in touch.

Our manufacturer's warranty covers all defects in materials and construction for one year from the Product's delivery or the in-store purchase date, whichever is earlier.

If your order arrives to you damaged or faulty, please collect your order number, the date your damaged Products came to you, and images that highlight the damages or defective attributes, and send them to our Customer Care department info@sundays-company.com. A member of our dedicated team will investigate and have a response to you within 72 business hours to let you know the next steps of the process.

If you experience any issues with your Sundays Product relating to the delivery, assembly, or anything at all, please reach out to our team. We can organize replacement parts, repair, and in individual cases, a complete replacement. If any of these situations occur, we exclude any transportation costs. Please reach out to us to see what we can assist with.

Please note that our warranties are non-transferable and are not extended to our As-Is or floor model items, or to re-sale or second-hand items. Our warranties are only valid when Products to the extent  that Products are used for their intended purposes. Defects or damages resulting from misuse, accidents, abnormal use, modifications, normal deterioration due to wear, tear and exposure, corrosion or damage caused by rain, fire or other causes of acts of nature, or Products used for but not listed as commercial-use items, will not be covered by our warranty.