Terms & Conditions

Terms of Service

The following Terms of Service (TOS) constitutes an agreement between Hay Design Incorporated and you, the visitor, governing your access and use of the content and functionalities available at the shophaydesign.com website (the “Site”). 

Hay Design provides shophaydesign.com Site including shophaydesign.com Home Page and other shophaydesign.com content (collectively, the “shophaydesign.com Site”) subject to your compliance with the terms and conditions below.  PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.  BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.

Any new features or tools which are added to the current stores shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.  Your continued use of or access to this website following the posting of any changes constitutes acceptance of these changes.

Rules

While visiting shophaydesign.com you may not:

  • Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use shophaydesign.com Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying shophaydesign.com site or the Internet;
  • Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful or disruptive component; or
  • Upload, post, publish, transmit, reproduce, or distribute in any way, information, software other material obtained through Shophaydesign.com Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright or right holder.
  • You may not attempt to gain unauthorized access to any portion of the Site. You cannot supply false information about your identity and you may not act as a representative of another person or entity.  Use of the Site in any manner that may be construed as unlawful or prohibit by these Terms of Use is strictly prohibited. 
  • Indemnification: you agree to defend, indemnify and hold Hay Design harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
  • Accounts and Passwords: You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to contact Hay Design immediately of any unauthorized use of your account or password, or any other breach of security. Hay Design cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Public Areas

Certain areas of shophaydesign.com website contain information supplied by visitors and others.  Hay Design is not responsible for comments, advice, information or any other posting made by visitors or others in these areas.  Hay Design reserves the right to review materials posted in these public areas and to delete or edit them, for any reason, at any time.

Links to Other/Third Party Sites

While visiting shophaydesign.com, you may link to websites operated by our business partners or other third party providers. Hay Design does not endorse these websites, nor do we make any representations or warranties about them.  Use of those links are at your own risk. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.  Please ensure that you understand a website’s privacy policy before providing any personal information.    

Privacy

For information on how identifiable information is collected, used and disclosed by Hay Design, please read our Privacy and Security policy.

Site content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “Look and Feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hay Design, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer or server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hay Design’s prior written consent.  Information and data made purposely available by Hay Design such as product information may be downloaded from the Site provided that the information will be used for the sole purpose of the individual’s decision on whether to purchase a particular item.

Purchases: Other Terms and Conditions

Additional terms and conditions may apply to the purchase of goods or services of the Site.  All such terms are made a part of these Terms of Service by this reference.  You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service.  If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Hay Design’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this site should be construed to alter such agreements.  Hay Design may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.  The materials on the Site with respect to products and services may be out of date, and Hay Design makes no commitment to update the materials on the Site with respect to such products and services.

Inaccuracies

It is our intention to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if the information is reflected in merchandise price or item availability, or in any way affects your individual order.

We ask that you please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information received from our suppliers, Hay Design Incorporated shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Hay Design Incorporated shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hay Design will issue a credit to your credit card account in the amount of the incorrect price.  Please see our return policy in the event that you are not satisfied with your purchase.

User Comments, Feedback, Other Submissions and Correspondence

Although we make every effort to respond quickly to applicable email messages, shophaydesign.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding shophaydesign.com, our merchandise, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through our site shall become and remain the property of Hay Design Incorporated. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas, or comments unless we first obtain your permission or otherwise are required by law to do so.

Product Information and Availability

We apply meticulous edit in selecting the distinctive merchandise. Please understand that many of our featured items are selected in limited quantities, and because of their limited availability their stock information cannot always be updated. When an item featured on shophaydesign.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Please contact our Online Customer Service at info@haydesign.ca  if you have questions regarding the availability of a particular item.

The products displayed on the website are priced in Canadian dollars and are subject to any local applicable taxes. Availability, prices, and delivery rates are subject to change. In some cases, merchandise displayed for sale on the website may not be available. Internet-only sale prices and promotional events do not reflect the pricing of the Hay Design Furnishings & Décor affiliate stores. We reserve the right to restrict any orders with errors in the prices, descriptions, or images.

Colours: We make every effort to accurately display the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchase per person, per household or per order.  These restrictions may include orders place by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

Conditions of Use and Disclaimers

Thank you for visiting shophaydesign.com, the “website.” Please review the following basic rules that govern your use of our site. Your use of the website, and services and/or downloading of materials from our website constitutes your agreement to the terms and conditions set forth herein. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of shophaydesign.com and bypass this agreement, your use of this site still binds you to the terms. This page may be updated periodically, so we encourage you to revisit this page to review the terms of your use. Please contact Online Customer Service at info@haydesign.ca if you have questions regarding any of our policies

This disclaimer applies to any damages, liability or injuries cased buy any failure of performance, error, omission, interruptions, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, negligence or any other cause of action.  Hay Design reserves the right to do any of the following at any time without notice:

  • Modify, suspend or terminate operation of or access to the Site, or any port of the site, for any reason
  • Modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
  • Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Legal Information

This website is expressly owned and operated by Hay Design Incorporated and its affiliated companies, hereinafter “Hay Design Inc.” The street address for shophaydesign.com is 15 Church Street, Unit 1, Westport, ON K0G 1X0. Unless otherwise noted, all design and content featured on shophaydesign.com—including navigational buttons and images, artwork, graphics, photography, text, and the like—are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Hay Design Inc. This site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial use is prohibited without prior written permission from Hay Design Inc. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from shophaydesign.com. You may, however, download or electronically copy and print any of the page contents displayed on the website, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

Disclaimer of Warranties; Limitation of Liability

Hay Design does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hay Design  our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces and states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Hay Design  and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

This Agreement, including any and all documents reference herein, constitutes the  entire agreement between Hay Design and you pertaining to the subject matter hereof.  Hay Design’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right.  If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent, jurisdiction, such determination shall not affect the remaining provisions contained herein.  This Agreement shall be governed by and construed in accordance with the applicable laws of the Province of Ontario and the Federal Laws of Canada applicable therein.  

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at info@haydesign.ca.