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Shipping, Delivery & Assembly
We cover all related shipping costs within Canada and the continental U.S. for most of our products and all of our theme beds at Fable Bedworks, to make your order as seamless as possible. For shipping costs and arrangements to other locations, please contact us.
Since our beds are large pieces of furniture, they are shipped in separate pieces that will fit through a standard doorway. They can be assembled with a few simple tools and very few connectors. If you think you may require assistance, we will work with you to find a service provider in your area and offer a quote for you.
If you are concerned about fit we can provide you the exact dimensions of all the components. When placing your order, please consider possible constraints such as elevators and hallways.
Depending upon our production schedule, lead times can range from three to eight weeks. We will confirm your shipping date when you place your order.
We recognize that there may be rare occurrences when a bed may need to be returned. Please refer to our complete policy below for more information, which outlines situations such as repairs, liability and special circumstances
Terms and Conditions
FABLE BEDWORKS – TERMS AND CONDITIONS
OF PURCHASE AND SALE (your “ORDER”)
VENDOR: FABLE BEDWORKS a British Columbia Sole Proprietorship (Corporate Registry FM0581096), having a registered mailing address at 4 – 134 Ontario Street, Victoria, British Columbia, Canada, V8V 1M9.
PURCHASER: You (the “CUSTOMER”)
SHIPPING DATE: 60 days following order, subject to these terms.
SHIP VIA: WESTERN LOGISTICS (VICTORIA, BC, CANADA) (“SHIPPER”)
PRICE is F.O.B. Shipper
PRODUCT: The items you have selected from our website (the “ITEM(S)”)
NOTE: (Please note that we will consider all requests for any special arrangements but are not obliged to meet any specific requests or modifications. We reserve the discretion to determine whether we can meet your request. If you have any questions, please contact us by email: firstname.lastname@example.org)
1. Acceptance. By placing this ORDER the CUSTOMER acknowledges and accepts the terms and conditions herein, warrants that information provided by the CUSTOMER is and will be correct, and agrees that this is an unconditional ORDER agreement for the purchase of the ITEM(S) by the CUSTOMER from FABLE BEDWORKS in consideration of the satisfaction of the terms and conditions herein, including payment of the PRICE. All prior verbal or written communications between the CUSTOMER and FABLE BEDWORKS, with reference to the subject-matter herein, are abrogated and the terms and conditions herein shall govern unless otherwise agreed in writing between the CUSTOMER and FABLE BEDWORKS.
2. Mediation/Arbitration. Where a dispute arises out of or in connection with this ORDER, or in respect of any defined legal relationship associated with it or from it, the parties agree to try to resolve the dispute by participating in a structured negotiation conference with a mediator under the Commercial Mediation Rules of the British Columbia International Commercial Arbitration Centre. If the parties are unable to resolve the dispute by such mediation, all matters remaining in dispute or any claims arising will be referred to a single arbitrator, pursuant to the Commercial Arbitration Act of British Columbia. Any hearing will take place in Victoria, British Columbia and the rules of the British Columbia Mediation and Arbitration Institute will apply. The award and determination of such arbitration will be binding upon each of the CUSTOMER and FABLE BEDWORKS.
ADDITIONAL TERMS AND CONDITIONS
3. Terms of Payment. In consideration of FABLE BEDWORKS’ acceptance of the ORDER of the CUSTOMER and subject to the further terms contained herein, FABLE BEDWORKS shall provide the ITEM(S) to the CUSTOMER in consideration for they payment of the ITEM(S) at the PRICE listed on our website (www.fablebedworks.com) (the “PRICE”). The PRICE does not include any applicable sales taxes, import duties or export duties or shipping costs (freight and insurance), which shall be payable by the CUSTOMER as applicable. The CUSTOMER shall make payment of the PRICE plus any applicable sales taxes, import duties or export duties or shipping costs (freight and insurance) on the following terms:
(a) as a condition precedent to any obligation of FABLE BEDWORKS in this ORDER agreement, the CUSTOMER shall pay an amount equal to 50% of the PRICE as a DEPOSIT (the “DEPOSIT”) to be held by FABLE BEDWORKS without interest on the terms set out below until FABLE BEDWORKS delivers to the CUSTOMER a COMPLETION NOTICE (at which point the DEPOSIT shall be deemed to be tendered by the CUSTOMER as partial payment of the PRICE), and further:
i) if this ORDER is not completed by reason of the default of FABLE BEDWORKS, then FABLE BEDWORKS shall return the DEPOSIT to the CUSTOMER (provided that if such return attempt is frustrated for any reason by act or omission of the CUSTOMER, that frustrating act or omission shall constitute a default by the CUSTOMER for the purposes of clause (ii) of this provision). Return of DEPOSIT to the CUSTOMER is deemed to constitute a waiver of any claim or loss by the CUSTOMER against FABLE BEDWORKS arising from or related to the default of FABLE BEDWORKS, or
ii) if this ORDER is not completed by reason of default of the CUSTOMER, then the DEPOSIT is deemed forfeited to FABLE BEDWORKS and may be paid to its direction without prejudice to any rights or remedies of FABLE BEDWORKS;
(b) when FABLE BEDWORKS sends to the CUSTOMER an email to the email address provided by the CUSTOMER at the time of this ORDER, notifying the CUSTOMER that the completed ITEM(S) is/are ready to ship (the “COMPLETION NOTICE”), the CUSTOMER shall pay forthwith an amount equal to the aggregate of the balance of the PRICE plus any applicable sales taxes, import duties or export duties and shipping costs (freight and insurance) (the “BALANCE OF PAYMENT”) to the orders of:
i) FABLE BEDWORKS (as to the remainder of the PRICE),
ii) the SHIPPER (as to the shipping costs (freight and insurance)), with proof of payment to SHIPPER sent to FABLE BEDWORKS, and
iii) any appropriate governmental taxation authority of competent jurisdiction (as to any applicable sales taxes, import duties or export duties) with proof of remittance(s) sent to FABLE BEDWORKS;
(c) Upon the CUSTOMER representing to FABLE BEDWORKS that it has fulfilled its obligation to attend to payment of the BALANCE OF PAYMENT, FABLE BEDWORKS shall deliver the ITEM(S) to the SHIPPER; and
(d) Interest will be charged to the CUSTOMER at a rate of 1.5% per month (18% per annum) on any amount of the PRICE outstanding 30 days after the date that FABLE BEDWORKS delivers a COMPLETION NOTICE to the CUSTOMER.
4. PRICE Changes/Component substitutions.
(a) The PRICE quoted is subject to
i) increase based on any future increase in the cost of materials and charges, however, no such increase shall become effective to bind the CUSTOMER until the lapse of sixty (60) days after delivery by email of written notice of an increase from FABLE BEDWORKS to the CUSTOMER. FABLE BEDWORKS does not anticipate any future increase in the cost of materials and will warrant same on request,
ii) decrease based on the CUSTOMER demonstrating to FABLE BEDWORKS that the ITEM(S) are advertized for sale at a lesser cost, however, no such decrease shall be effective to bind FABLE BEDWORKS unless
(1) the CUSTOMER delivers to FABLE BEDWORKS a written request to reduce the PRICE to match an advertized lesser cost for the ITEM(S) together with a copy of an authorized publication of the ITEMS(S) being offered for sale at a lesser cost than the PRICE; and
(2) FABLE BEDWORKS receives the request of the CUSTOMER anytime that is after this ORDER is placed and before the expiration of thirty (30) days after FABLE BEDWORKS delivers to the CUSTOMER a COMPLETION NOTICE.
The CUSTOMER acknowledges and accepts that the costs to the CUSTOMER of applicable sales taxes, import duties or export duties or shipping costs (freight and insurance) are beyond the effective knowledge or control of FABLE BEDWORKS.
(b) FABLE BEDWORKS specifically reserves the right, without any obligation to notify the CUSTOMER, to substitute components or modify the design of any ITEM(S) in the event that an existing component supply is discontinued or unavailable, however FABLE BEDWORKS represents and warrants that such discretionary substitutions shall not materially change the fit, form or function of the ITEM(S)
(a) The acceptance of the ITEM(S) by the SHIPPER shall constitute a delivery to the CUSTOMER.
(b) Any delivery made within 14 days after dates specified for delivery in the ORDER shall constitute a good delivery, and the CUSTOMER acknowledges that these terms are F.O.B. SHIPPER.
(c) Any delivery to a CUSTOMER is deemed a separate ORDER and any instalment of ITEM(S) or part thereof delivered shall be paid for in accordance with the terms of the ORDER, regardless of claims by either party relating to any other delivered or undelivered ITEM(S).
(d) The CUSTOMER specifically acknowledges that the CUSTOMER is solely responsible to insure that this ORDER and the object of this ORDER is compliant with the requirements, regulations or restrictions imposed by any governmental authority of competent jurisdiction, foreign or domestic, that may apply to their purchase of the ITEM(S).
6. Force Majeure. Where FABLE BEDWORKS is unable to make delivery within the time periods contemplated herein or otherwise of all or any portion of the ITEM(S)s covered by this ORDER due to a labour dispute, accident, fire, war, government regulations or any cause whatsoever beyond the control of FABLE BEDWORKS, FABLE BEDWORKS shall not be liable for such liability to make delivery if, within a reasonable time, it notifies the CUSTOMER by sending an email to the email address provided by the CUSTOMER at the time of this ORDER of the cause of such inability and that the ORDER for the undelivered portion of the ITEM(S) is cancelled or that it will make delivery of such ITEM(S) at a future date to be named in the notice and the CUSTOMER may, within 7 days after the date of emailing of such notice, notify FABLE BEDWORKS by concurrent email to email@example.com and prepaid post that it will accept delivery of the ITEM(S) pursuant to the terms of FABLE BEDWORKS’ notice or accept the notice as a notice of default for the purposes of section 3(a)(i) of this ORDER and cancel the undelivered portion of the ORDER, but the CUSTOMER’S failure to respond and so notify FABLE BEDWORKS of the CUSTOMER’S election shall constitute an event of default for the purposes of section 3(a)(ii) of this ORDER.
7. Credit. FABLE BEDWORKS reserves the right to discontinue deliveries to the CUSTOMER or cancel all or any part of this or other ORDERS if payment on any shipment is delayed or if amount of credit granted is exceeded. Interest at 18% per annum will be charged on all overdue accounts. FABLE BEDWORKS reserves the right, even after partial payment on account of this ORDER with FABLE BEDWORKS, to require from the CUSTOMER satisfactory security for due performance of the CUSTOMER’S obligations. Refusal to furnish such satisfactory security or failure of the CUSTOMER to perform any of its obligations under this or any other existing ORDER will constitute an event of default for the purposes of section 3(a)(ii) of this ORDER.
8. Inclusion in Promotional Materials & Merchandise. At all material times, the CUSTOMER is deemed to consent to FABLE BEDWORKS making any subsequent reference to this ORDER or the CUSTOMER for any purpose related to the business and marketing of FABLE BEDWORKS EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE PRIVACY LEGISLATION, including the Personal Information Protection Act, S.B.C. 2003, c.63 (“PIPA”) and FABLE BEDWORKS shall not presume any consent of the CUSTOMER to subsequent disclosure of the personal particulars of the CUSTOMER, other than for any limited purpose as required by any governing legislation. The CUSTOMER expressly consents to FABLE BEDWORKS making reference to this ORDER as a component of any or all promotional materials or merchandise prepared by FABLE BEDWORKS in relation to its business. FABLE BEDWORKS represents that it seeks to conduct its business in compliance with all applicable laws governing privacy and the protection of personal information, other than acts of non-compliance which individually or in the aggregate are not material. FABLE BEDWORKS further represents that it seeks to abide any requirement to obtain any consent, approval or waiver of any person under applicable laws governing privacy and the protection of personal information, including PIPA, in connection with its business.
9. Limited Warranty.
(a) FABLE BEDWORKS products are intended to be safe for children of ages 3 to 99. We warrant this product to be free from defects in material and workmanship at the time of delivery to the SHIPPER for a period of one year. This limited warranty does not cover claims resulting from transport, assembly, misuse, failure to follow the instructions on installation, maintenance and use, abuse, alternation, modification, or normal wear and tear.
(b) Claims of any kind or nature, except for latent defects, must be made by notice in writing within 7 days after receipt of ITEM(S) and, in any event, prior to the installation, processing or altering of the ITEM(S) in any manner from the original condition of delivery, whichever is earlier. Claims for latent defects must be made by notice in writing within 30 days after receipt of ITEM(S) and any claim for loss related directly or indirectly to any suspected latent defect is deemed void and/or waived by the CUSTOMER where the CUSTOMER has altered or disposed of the ITEM(S) or otherwise frustrated the ability of FABLE BEDWORKS to make inspection and/or repair and in such an event the CUSTOMER shall indemnify and hold harmless FABLE BEDWORKS from any loss or claim.
(c) The limits of liability of FABLE BEDWORKS, for any reason whatsoever, shall be to replace or repair any ITEM(S) rejected for proper cause or to refund the PRICE paid by the CUSTOMER for ITEM(S) in this ORDER and nothing more, at the sole discretion and option of FABLE BEDWORKS acting reasonably.
10. Limitation of Liability. Notwithstanding any other warranty, term or condition of this ORDER, it is a condition of this ORDER and any other subsequent agreement or contract of purchase and sale between FABLE BEDWORKS and you as our CUSTOMER that the CUSTOMER waive all rights to recourse and remedy against FABLE BEDWORKS in the event of any loss. FABLE BEDWORKS assumes no liability or responsibility for any defects in its products, latent or otherwise beyond replacement of the product or refund of the purchase PRICE at the discretion of FABLE BEDWORKS. In particular, each product of FABLE BEDWORKS is PROVIDED “AS IS” WITHOUT FURTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSES. In consideration of the acceptance of this ORDER by FABLE BEDWORKS, the CUSTOMER does WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES AND DEMANDS, that a CUSTOMER, directly or indirectly, has or may in the future have against FABLE BEDWORKS and RELEASES FABLE BEDWORKS from any and all liability for any loss, damage, expense or injury, to property or to person, including my death, or to any third party property or person, that may be suffered, directly or indirectly and arising out of or in connection with the ITEM(S), ARISING FROM OR DUE TO ANY CAUSE WHATSOEVER OR BREACH OF ANY DOMESTIC OR FOREIGN JURISDICTION STATUTORY OR OTHER DUTY OF CARE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you as our CUSTOMER. It is a condition of the contract of purchase and sale that you the CUSTOMER will indemnify and hold harmless FABLE BEDWORKS and each of its affiliates, partners, suppliers, employees, contractors, advisors and agents, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, (whether legal or administrative) and expenses (including legal expenses on a solicitor and client basis) arising out of or relating to any purchase or use of any FABLE BEDWORKS product or ITEM(S). Such claims shall include, but shall not be limited to, claims based upon contract, negligence, product liability, misrepresentation, or personal injury advanced by you or on your behalf by your personal representative, heirs or estate. When you purchase a product from FABLE BEDWORKS it is a condition of the contract of purchase and sale that the laws of the Province of British Columbia and of Canada shall apply. If any part of this statement of conditions precedent and conditions is determined by an arbitrator or a court of competent jurisdiction to be wholly or partly unenforceable for any reason, such unenforceability will not affect the enforceability of the balance of these conditions and all provisions of this ORDER will, if alternate interpretations are applicable, be construed so as to preserve enforceability hereof.
11. Trademark protection. FABLE BEDWORKS has expended considerable time and effort in developing a unique concept for childrens’ furniture. At all times, “TRADEMARK” shall mean the trademark(s) and trade name(s) owned by FABLE BEDWORKS and shall include “FABLE BEDWORKS”, “PENNY’S PALACE”, “OL’ WEST CHUCKWAGON”, “DRAGONSLAYER STRONGHOLD” and any other trademark, trade name, distinctive name, service mark, certification mark, logo, design, slogan, distinctive colour scheme, copyright, patent or any other intellectual property, whether or not registered to or in the name of the FABLE BEDWORKS, that is owned or used by FABLE BEDWORKS as at the date of this ORDER or in the future. Any infringement of the TRADEMARK involving, directly or indirectly, the CUSTOMER is deemed to be a material breach of contract. The CUSTOMER covenants that it is acquiring the ITEM(S) for direct household consumer use and any subsequent commercial sale without consent in writing of FABLE BEDWORKS shall constitute an infringement of the TRADEMARK. As a condition of this ORDER, the CUSTOMER agrees to indemnify and hold harmless FABLE BEDWORKS from any and all losses howsoever arising, including pure economic loss, from any TRADEMARK infringement involving, directly or indirectly, the CUSTOMER.
FURTHER GENERAL TERMS AND CONDITIONS
12. This ORDER constitutes the entire agreement between the parties. It is agreed that there are no representations, warranties, collateral agreements/ORDERS or conditions affecting this ORDER except as expressed in a written document signed by the party to be bound and explicitly stating that it comes within this exception, or as expressed in this ORDER. The parties agree that any amendments to this ORDER must be by way of written agreement.
13. Where inconsistencies exist between language found on FABLE BEDWORKS marketing materials, including text published on www.fablebedworks.com, and the terms of reference and language within this ORDER, the terms of reference and language within this ORDER shall prevail.
14. Any notice given pursuant to this ORDER by any party will be deemed to have been properly given if delivered to the address of the other party unless otherwise specifically prescribed in this ORDER.
15. In this ORDER, unless there is something in the subject matter or context inconsistent therewith:
(a) words in the singular number include the plural and such words shall be construed as if the plural had been used;
(b) words in the plural include the singular and such words shall be construed as if the singular had been used, and
(c) words importing the use of any gender shall include all genders where the context or party referred to so requires, and the rest of the sentence shall be construed as if the necessary grammatical and terminological changes had been made.
16. Severability. Any provision of this ORDER which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this ORDER, all without affecting the remaining provisions of this ORDER or affecting the validity or enforceability of such provision in any other jurisdiction.
17. Modifications. No modification of this ORDER shall be binding unless made as contemplated herein and otherwise in writing and signed by both parties; no waiver by either party of any default shall be deemed a waiver of any subsequent default.
18. Waiver. No waiver or breach of any term or condition of this ORDER shall operate as a waiver of any other breach of such term or condition, or of any other term or condition, nor shall any failure to enforce any provisions hereunder operate as a waiver of such provision or any other provision hereunder.
19. Successors and Assigns. This ORDER shall enure to the benefit of, and be binding on, the parties and their respective heirs, executors, administrators, successors and permitted assigns. No party may assign or transfer, whether absolutely, by way of security or otherwise, all or any part of his or her rights or obligations under this ORDER, without the prior consent of all other parties.
20. Governing Law. This ORDER shall be governed by and be construed in accordance with the laws of the Province of British Columbia.
21. Independent Legal Advice. The CUSTOMER represents that they have either obtained independent legal advice or that they have declined the opportunity to do so; and in either case that they understand the terms and conditions together with their rights and obligations under this ORDER.
22. Termination. This ORDER may be terminated:
(a) At any time upon mutual written agreement of the parties;
(b) By FABLE BEDWORKS upon fifteen (15) days written notice delivered by email to the CUSTOMER for failure by the CUSTOMER to make payment in full of any amount when due, such amounts to include the DEPOSIT and the BALANCE OF PAYMENT (being the aggregate of the remainder of the PRICE after DEPOSIT, the shipping costs (freight and insurance) and any applicable sales taxes, import duties or export duties), regardless of the required direction of that payment by the CUSTOMER, unless such failure is cured within the fifteen (15) day notice period. For greater certainty, where the CUSTOMER is obliged to remit any portion of the BALANCE OF PAYMENT to either the SHIPPER or the appropriate governmental taxation authority(ies) of competent jurisdiction as the case may be, the failure by the CUSTOMER to provide proof of that remittance is deemed to be a failure to make payment in full; or
(c) Subject to subsections 22(a) and (b), by either party if:
i) the other party is in material breach of its obligations hereunder and such breach continues uncured for a period of thirty (30) days after written notice to the defaulting party, or
ii) the other party makes a general assignment for the benefit of its creditors, appoints or has appointed a receiver, trustee in bankruptcy or similar officer to take charge of all or part of its property, files or has a petition filed against it in any bankruptcy (unless such petition is dismissed within sixty (60) days of its filing), and/or is adjudged insolvent or bankrupt.[END OF DOCUMENT]