Terms & Conditions – for Order and Delivery
Made-To-Order (It takes time to handmake)
You understand and agree that all Kootenay Beds products are made-to-order, unless noted on the product page as being in stock, and are added to the production schedule once your payment has been received. Delivery or production time shown on the Site is estimated only and subject to change due to backlog, supply issues etc.
Order Placement (Double-check your order details)
You are responsible for all communications made to Kootenay Beds in the ordering process, and your placement of any order is final except as otherwise provided herein. It is your responsibility to verify all measurements on your property and compare them to the dimensions listed on the Site. Kootenay Beds will not accept responsibility for your errors regarding any order or the measurement of any Kootenay Beds that meet those specifications listed on the Site. The advice of Kootenay Beds employees or representatives does not constitute any implied warranty of merchantability or fitness for any particular purpose.
PUT IT ON LAY-BUY - Payment Over Time Option
All dimensions for items are posted online or are available upon request. Kootenay Beds does not know the size of your intended location of installation and it is your sole and complete responsibility to determine if the Kootenay Beds will fit in your intended location of assembly and installation. The Kootenay Beds are built to the measurements and specifications listed on the Site or made available to you and are not adjusted for your particular purpose. Kootenay Beds does not offer custom sizing or manufacture unless such specifications are confirmed in writing and you pay custom fees as a part of your initial order. If retrofit is required, it is your responsibility to modify the wall and any openings and not the responsibility of Kootenay Beds. The Kootenay Beds are designed to fit in standard installation locations, but Kootenay Beds makes no guarantee that the Kootenay Beds will fit in your intended location of installation, regardless of the size.
Assembly and Mounting
Kootenay Beds does not offer installation or assembly services, unless otherwise noted, and is not liable for any damages resulting from your installation or assembly of the Kootenay Beds. Assembly is required on some Kootenay Beds, and you should seek competent assistance where necessary in assembling and installing the Kootenay Beds. Kootenay Beds does not guarantee that you will be able to assemble or install the product(s) on your own without the aid of a professional contractor. Kootenay Beds is not responsible for improper installation, damage to the product(s), or any other damages resulting from your assembly or installation of the Product(s). Kootenay Beds is not responsible for damage to person or property due to improper assembly, use, or installation of the product(s).
Estimated Delivery Times
Kootenay Beds provides estimated delivery time for convenience only, and you agree not to rely on the delivery date, which is an estimate based upon Kootenay Beds’s historical delivery times and information provided by third-party shipping companies. Kootenay Beds does not provide an exact date for shipping and you agree that Kootenay Beds will not be liable for any damages resulting from delivery occurring after an estimated delivery time. Shipping information will be provided within 24 hours from the time the products ship. All sales are final and you will not be able to cancel any order due to delays in shipping.
Freighted shipments are handled by third-party shipping companies and all appointments for receiving the Kootenay Beds are made directly with them. Kootenay Beds accepts no liability for missed appointments, and makes no guarantees regarding the accuracy of third-party delivery times and professionalism.
Shipping, Receiving, and Inspection of Kootenay Beds
You are guaranteed to receive the Kootenay Beds in new and undamaged condition. All products, not delivered directly by our staff, are delivered in crates and require 2 people to move them. Please note that all of our orders are curbside delivery, and that Kootenay Beds is not responsible for delivering the Kootenay Beds to your garage, into your home, or to any place other than the curbside. If arrangements are made with the freight company to deliver the Kootenay Beds to a place other than the curbside of the address you provide, you agree to be responsible for all additional charges that result.
When you receive the product(s), and sign to accept it, you acknowledge that you have had adequate opportunity to inspect the Product, and you waive any right to return the Kootenay Beds as damaged. If the Kootenay Beds are damaged in shipping you (or your agent) must list any damage on the freight company receipt, which is labeled “waybill”, “proof of delivery” or “Bill Of Lading” (“BOL”). You have the right, the obligation, and responsibility to inspect the Kootenay Beds and to report any defect in the products immediately to Kootenay Beds. If you accept the Kootenay Beds from the freight company and sign the waybill without giving notice of defect to Kootenay Beds and annotating the waybill, the Kootenay Beds are considered delivered and accepted as is and Kootenay Beds will not be liable to you for any later claim that the Kootenay Beds were damaged at the time of delivery. You further acknowledge by signing for the Kootenay Beds without giving notice to Kootenay Beds of any defect, that damages to the Kootenay Beds will be presumed to have occurred after delivery.
"Custom" Sale Terms
Standard product orders are subject to Kootenay Beds Refund Policy. Due to the customized and specialty nature of Kootenay Beds, many orders are considered special or “custom” orders. In such cases, you acknowledge the unique and special nature of your custom order and agree that after 48 hours from the date and time of your order, your order will be final and nonrefundable. Once your custom order is placed, you have the ability to cancel your order within 48 hours subject to a restocking fee equal to 20% of the amount of the cancelled portion of your order. By submitting a custom order to Kootenay Beds, you agree to this provision and acknowledge that it is reasonably necessary so that Kootenay Beds can deliver your customized order in a timely manner to your requested specifications. All cancellations must be made via email to firstname.lastname@example.org. If you cancel your order after 48 hours, no refund will be issued unless expressly agreed in writing by Kootenay Beds as provided herein. You acknowledge that you have read, understand and agree to all terms and conditions listed on the Site and at checkout, and the provisions of this paragraph and these Terms supersede any oral representation made by any employee, representative, or affiliate of Kootenay Beds during the placement of your order. Please be aware that if you cancel your custom order after the 48 hour cancellation window, or if you dispute any charge to your credit card in an attempt to circumvent any provision of this paragraph or these Terms, you will be responsible for the costs incurred by Kootenay Beds in collection of your payment, and that your failure to pay will be reported to all major credit reporting agencies pursuant to the Fair Credit Reporting Act. Please see below under the Collection Proceedings section for details. You further acknowledge that, if you obtain any Kootenay Beds or access to the Site by fraud or deceit, or if you engage in a frivolous dispute of charges, you may be prosecuted under the criminal statutes of the relevant province.
Damages/ Repairs/ Claims
Although Kootenay Beds does all it can to insure quality product without error, there are times that mistakes or errors are made, Kootenay Beds reserves the right to repair and or replace the product until the product is as Kootenay Beds advertised functionally. At times the best solution is to have the homeowner, homeowners contractor and or specialist repair the product. Due to the wide variation of contractor rates, Kootenay Beds is using one standard rate of $50 per hour. Kootenay Beds MUST approve all repairs prior, all repairs completed without authorization and preapproval from Kootenay Beds will be declined, and will not be reimbursed.
In the event that Kootenay Beds begins collection proceedings due to nonpayment or credit card payment disputes, it will be your responsibility to pay for all collection and court proceedings, and to return the product(s) to Kootenay Beds pursuant to these Terms. If the product(s) are damaged by you or in transit back to Kootenay Beds it is your responsibility to pay for all damages. All overdue payments shall bear interest at the lesser of the rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, compounding monthly on the first day of each month and calculated on the basis of a 360day year, from the date due until paid. In all collections proceedings, Kootenay Beds will report your failure to pay to all major credit reporting agencies in compliance with the Fair Credit Reporting Act.
You agree also that you have reviewed and all other policies on Site, also listed below, are agreed and apply when you place your order.
Terms of Service
Kootenay Beds reserves the right to make changes to terms at anytime.