Terms of Service for Maple & Birch Furnishings Ltd.
Effective Date: September 3, 2026
1. Introduction and Acceptance of Terms
These Terms of Service (the “Terms”) govern your access to and use of the products, services, website content, communications, quotations, proposals, and related offerings provided by Maple & Birch Furnishings Ltd. (“Maple & Birch Furnishings Ltd.”, “we”, “us”, or “our”).
By requesting a quote, placing an order, scheduling a consultation, making a payment, accepting a proposal, or otherwise using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
These Terms apply to all customers, including consumers and business clients, subject to any mandatory rights under applicable Canadian federal and provincial laws, including consumer protection legislation, privacy laws, and laws governing contracts, sales, and services.
2. Scope of Services
Maple & Birch Furnishings Ltd. provides the following services, as available and as further described in quotes, proposals, invoices, or service agreements:
- Custom furniture design and build
- Residential furniture delivery and installation
- Office and commercial furnishing solutions
- Furniture restoration and refinishing
- Space planning and furniture consultation
The exact scope, specifications, materials, timelines, delivery dates, installation details, and pricing for any project will be set out in a written quote, proposal, order confirmation, or other written agreement. In the event of any conflict, the specific written agreement for the project will prevail over these Terms, but only to the extent of that conflict.
We may, at our discretion, refuse or discontinue services where a project is unsafe, unlawful, commercially unreasonable, or otherwise not feasible.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, current, and complete information when requesting services, placing orders, or making inquiries.
- Ensure that measurements, access details, site conditions, and any design preferences or constraints you provide are correct.
- Obtain any required approvals, permits, landlord consent, strata consent, building management approvals, or other authorizations necessary for the project, unless expressly agreed otherwise in writing.
- Provide safe, clear, and timely access to the premises, including elevators, loading docks, parking, and work areas as required.
- Protect or remove fragile, valuable, or sentimental items from the work area before delivery, installation, restoration, or site visits.
- Ensure that electrical, structural, and environmental conditions at the site are suitable for installation or use of furniture and furnishings.
- Cooperate with reasonable scheduling, delivery windows, and installation requirements.
- Inspect delivered or installed items promptly and notify us of any visible defects, shortages, or damage within a reasonable time, and in any event as required by applicable law or the relevant written agreement.
- Use products and services only for their intended purpose and in accordance with any care instructions provided by us or the manufacturer.
You are responsible for any delay, additional costs, damage, or failed installation resulting from inaccurate information, inaccessible premises, unsafe conditions, or your failure to meet your obligations.
You agree not to misuse our website, communications, designs, plans, or intellectual property, and not to interfere with our business operations, staff, contractors, or property.
4. Payment Terms and Conditions
All prices, estimates, and quotes are stated in Canadian dollars unless otherwise specified. Taxes, including applicable GST, HST, PST, or other applicable taxes, are extra unless expressly included in writing.
- Estimates and quotes: Estimates are non-binding approximations unless clearly stated to be fixed-price. Final pricing may change due to changes in scope, materials, labour, delivery conditions, site conditions, supplier price changes, or additional work approved by you.
- Deposits: We may require a deposit, retainer, or progress payment before work begins, before materials are ordered, or before scheduling delivery or installation.
- Progress payments: For larger custom, commercial, restoration, or multi-phase projects, progress payments may be required based on milestones, labour stages, or material procurement.
- Final payment: Final payment is due upon completion of the service, delivery, installation, or prior to release of goods, unless otherwise agreed in writing.
- Late payment: Overdue amounts may accrue interest at the maximum rate permitted by applicable law, or if no rate is specified, at a reasonable commercial rate. You are also responsible for reasonable collection costs, including legal fees on a solicitor-client basis where permitted by law.
- Payment methods: We may accept e-transfer, credit card, debit, electronic payment, bank draft, or other payment methods approved by us. We may charge processing fees where permitted by law and disclosed in advance.
We may suspend work, delivery, installation, or release of completed items if payment is overdue or if a payment method is reversed, disputed without a good-faith basis, or declined.
5. Cancellation and Refund Policy
Cancellation requests must be made in writing by email or other method accepted by us. Because many of our services involve custom work, labour scheduling, and material procurement, cancellation rights may be limited.
- Custom furniture and made-to-order items: Once design work has begun, materials have been ordered, or fabrication has started, cancellations may result in forfeiture of the deposit and payment of costs incurred to date, including labour, materials, design time, supplier charges, and non-recoverable expenses.
- Delivery and installation services: If you cancel a scheduled delivery or installation with insufficient notice, a cancellation fee may apply to cover mobilization, scheduling, or labour costs.
- Restoration and refinishing services: Due to the bespoke nature of restoration work, completed or substantially completed services are not refundable except where required by applicable law.
- Commercial projects: Cancellation terms for office or commercial furnishing solutions may be governed by a project agreement, purchase order, or statement of work, including restocking, restatement, or termination fees.
Refunds, if any, are issued only in accordance with the applicable written agreement and Canadian law. No refund will be issued for custom work already completed, materials already purchased, or services already performed, except where required by law or agreed in writing.
If we are unable to complete a project due to our own material non-performance, we may, at our discretion and where appropriate, offer re-performance, repair, replacement, partial refund, or cancellation on fair and lawful terms.
6. Liability Limitations
To the fullest extent permitted by applicable Canadian law, Maple & Birch Furnishings Ltd. shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of business, loss of use, loss of goodwill, or emotional distress, arising out of or related to the services, products, website, or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the services or products provided shall not exceed the amount actually paid by you to Maple & Birch Furnishings Ltd. for the specific service, item, or project giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded or limited.
We are not responsible for:
- Damage caused by misuse, improper maintenance, normal wear and tear, or modifications made by you or third parties;
- Pre-existing defects, hidden structural issues, wall conditions, flooring conditions, moisture, mould, or environmental factors;
- Delays caused by suppliers, shipping providers, contractors, weather, strikes, or events beyond our control;
- Variations in wood grain, finish, texture, colour, patina, or other natural material characteristics;
- Damage caused by inaccurate measurements or site information provided by you;
- Items or areas not protected or removed by you prior to work beginning.
7. Intellectual Property Rights
All designs, sketches, concepts, renderings, plans, specifications, layouts, photographs, text, logos, branding, templates, methods, and other materials created or provided by Maple & Birch Furnishings Ltd. remain our property or the property of our licensors, unless a separate written agreement states otherwise.
Upon full payment, and unless otherwise agreed in writing, you receive a limited, non-exclusive, non-transferable licence to use the deliverables created specifically for your project for their intended purpose at the specified location.
You may not copy, reproduce, publish, distribute, adapt, reverse engineer, or use our designs, plans, photographs, or other intellectual property for commercial purposes without our prior written consent.
We may, unless you object in writing and subject to privacy and confidentiality obligations, photograph completed work for portfolio, marketing, documentation, insurance, or quality-control purposes.
8. Data Protection and Privacy
We collect, use, disclose, and retain personal information in accordance with applicable Canadian privacy laws, which may include the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial private-sector privacy legislation.
We may collect personal information such as:
- Name, address, email address, and phone number;
- Project requirements, preferences, measurements, and site details;
- Payment and billing information;
- Communications and service history;
- Any other information reasonably necessary to provide our services.
We use personal information to:
- Provide quotes, consultations, design, fabrication, delivery, installation, restoration, and related services;
- Communicate with you about your project and payments;
- Process transactions and maintain business records;
- Meet legal, regulatory, accounting, and tax obligations;
- Improve our services, operations, safety, and customer experience.
We may disclose personal information to trusted service providers, subcontractors, payment processors, shipping partners, or professional advisers where reasonably necessary to deliver our services or comply with law, provided such parties are bound by appropriate confidentiality or data protection obligations where required.
We take reasonable administrative, technical, and physical safeguards to protect personal information. However, no system of transmission or storage is completely secure, and we cannot guarantee absolute security.
By using our services, you acknowledge that we may communicate with you by email, telephone, or other reasonable electronic means for service-related purposes. You may contact us regarding privacy concerns or requests relating to your personal information using the details in Section 12.
9. Force Majeure
We shall not be liable for any delay, failure to perform, or interruption in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, severe weather, fire, flood, earthquake, pandemic, public health emergency, labour disputes, supply shortages, transportation delays, war, terrorism, civil unrest, government action, power outages, internet outages, or the failure of third-party suppliers or contractors.
If a force majeure event occurs, we may suspend performance for the duration of the event and a reasonable recovery period. If the event materially affects the project, we may revise timelines, reschedule services, substitute materials of comparable quality where reasonable, or terminate the affected portion of the services on fair notice.
10. Changes to Terms
We may update or modify these Terms from time to time to reflect changes in our services, business practices, or legal requirements. Any updated Terms will be posted or otherwise made available with a revised effective date.
Changes will apply prospectively from the effective date of the updated Terms unless otherwise required by law or expressly agreed in writing. Your continued use of our services after the revised Terms become effective constitutes acceptance of the updated Terms.
11. Applicable Law and Jurisdiction
These Terms and any dispute arising out of or relating to them, the services, or any transaction with Maple & Birch Furnishings Ltd. shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law rules.
Subject to any mandatory consumer rights or other non-waivable statutory rights, you agree that the courts located in British Columbia shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or our services.
If you are a consumer resident in another Canadian province or territory, nothing in these Terms is intended to deprive you of any mandatory rights or protections available under applicable law.
12. Contact Information
If you have questions, concerns, or notices regarding these Terms or our services, please contact us at:
Maple & Birch Furnishings Ltd.
2143 Hastings Street, Interior, BC V8W 1A1, Canada
Email: [email protected]
Phone: +1 (778) 486-3927
13. Severability Clause
If any provision of these Terms is found to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
If any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be interpreted and applied to the maximum extent permitted by law to reflect the original intent as closely as possible.
Entire Agreement: These Terms, together with any applicable quote, proposal, invoice, service agreement, or purchase order, constitute the entire agreement between you and Maple & Birch Furnishings Ltd. regarding the subject matter described herein and supersede prior or contemporaneous understandings on that subject matter, except as otherwise required by law.