Terms of Service

Overview

This website is operated by Eververda, an online retailer based in Toronto, Ontario, Canada. Throughout the site, the terms "we", "us" and "our" refer to Eververda. By visiting our site or purchasing from us, you engage in our Service and agree to be bound by these Terms of Service.

These terms apply to all users of the site, including browsers, customers, merchants and contributors of content. Please read them carefully before using the site.

Products and descriptions

We describe our products using the specifications supplied to us by their manufacturers, and we state on each product page where a specification has not been published by the manufacturer. Where a figure is marked "not stated", we do not hold that figure and are not representing it.

Colours and finishes displayed on your screen may differ from the physical product. Every effort is made to display products accurately, but we cannot guarantee that your display renders colour precisely.

Prices are shown in Canadian dollars (CAD) on eververda.com and in US dollars (USD) on eververda.com/us. Prices are subject to change without notice. We reserve the right to correct pricing errors, and to refuse or cancel any order placed at an incorrect price, including after an order has been submitted.

Made-to-order and project work

Certain products are produced to order or supplied on a quoted project basis. For these, the written quotation and specification agreed with you forms part of these terms. Made-to-order items are final sale, as set out in our Refund Policy.

Height, width, leaf density and colour may vary within the tolerances stated in your quote or, where none are stated, within normal manufacturing tolerances. Before your piece ships, we send you photos and a video of it. Your approval confirms that the piece matches your order.

Agreeing by email

Quotes, approvals and orders may be agreed by email. A written reply accepting a quote, such as "Yes, please go ahead", has the same effect as a signature.

Accuracy of your information

You agree to provide current, complete and accurate purchase and account information, including a delivery address at which the goods can actually be received. You are responsible for confirming that oversized items can be delivered to and accommodated at your address.

Orders and payment

We reserve the right to refuse or limit any order. We may limit or cancel quantities purchased per person, per household or per order, and may refuse orders that appear to be placed by dealers, resellers or distributors.

An order is accepted when we confirm it in writing or take payment. Made-to-order pieces may be paid in instalments, as set out in your quote. The balance is due before your piece ships. If the balance is not paid within 14 days of our request, we may cancel the order and keep the deposit to cover production costs.

Taxes

Prices do not include sales, use or other taxes unless stated. Where we are required to collect a tax, it is added at checkout or on your invoice. Where we are not, you are responsible for any tax due where you live.

Delivery, title and risk

Risk of loss or damage passes to you when the goods are delivered to your address. Ownership passes to you when we have received payment in full.

Delays beyond our control

We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier, port or customs delays, strikes, severe weather, natural disasters, public health measures and government action. If such an event affects your order, we will tell you and give you a revised date.

Installation and safe use

You are responsible for installing, weighting and anchoring large and outdoor items securely, following our instructions and any local requirements, and for checking that the location is suitable. Outdoor items must be secured against wind. Artificial trees and plants are decorative products. They are not fire rated unless the product page or your quote says so, and must be kept away from heat sources and open flame.

Dimensions and base plate details we provide are product information only, not structural or engineering advice. The design of any footing, pad or anchoring is the responsibility of your contractor or engineer.

Warranty

Every piece carries the 1-year limited warranty against defects set out in our Refund Policy, and damaged and incorrect items are covered as set out there. To the extent permitted by law, any implied warranties are limited to that 1-year period. Some places do not allow limits on implied warranties, so this limit may not apply to you.

Third-party links

Our site may contain links to third-party sites and materials that are not owned or controlled by us. We are not responsible for their content or practices.

Limitation of liability

To the fullest extent permitted by law, Eververda is not liable for any indirect, incidental or consequential damages arising from your use of the site or from any product purchased, and our total liability for any claim relating to an order is limited to the amount you paid for that order. We are not liable for injury, loss or damage caused by installation, anchoring, footing or placement, which are your responsibility, or by an item not used as intended. Nothing in these terms limits or excludes any liability that cannot lawfully be limited or excluded, including your statutory rights as a consumer under the consumer protection laws that apply where you live.

Indemnification

You agree to indemnify and hold harmless Eververda from any claim or demand arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Questions and disputes

If something is not right with your order, please contact us at support@eververda.com first so we can resolve it. If you dispute a charge with your bank or card issuer, we may share your order records, your written approvals and these terms with them. Disputing a valid charge with your bank does not cancel your obligation to pay for the order.

Governing law

These Terms of Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Whole agreement

For made-to-order and quoted orders, your written quote, your written acceptance, these terms and our Refund Policy form the whole agreement between us. If any part of these terms is found to be unenforceable, the rest remains in effect.

Changes to these terms

We may update these Terms of Service at any time by posting a revised version on this page. Your continued use of the site after a change constitutes acceptance of the revised terms. The terms in force when you place an order apply to that order.

Contact

Questions about these Terms of Service should be sent to support@eververda.com.