Terms and Conditions

1. These Terms

1.1 What This Agreement Covers

These are the terms and conditions on which we supply products and services to you. Product purchases do not come with installation services. If you would like to purchase installation services, such services must be purchased separately. We use third-party contractors ("Pros") to perform the services.

1.2 Why You Should Read This Agreement

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the agreement, what to do if there is a problem, and other important information. By submitting an order to us, you agree to accept the terms set out below.

2. Information About Us and How to Contact Us

2.1 How to Contact Us

You can contact us by calling HOROW Customer Service via email: support@horow.ca. 

2.2 How We May Contact You

If we contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. Our Agreement With You

3.1 How We Will Accept Your Order

Our acceptance of your order will take place when we email you an order acknowledgement confirming the details of your order, at which point a contract will come into existence between you and us.

3.2 If We Cannot Accept Your Order

Product and service availability may be limited in certain areas. If we are unable to accept your order for products or services, we will inform you of this in writing or by telephone and will not charge you for the product or services that cannot be provided. This might be because the product is out of stock, your payment card was not authorized, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because these terms have not been complied with, because services are not available for every product, or because some products require that a certified professional physically install the products. If the product ordered is out of stock, you will have the option to receive a refund or wait for the product to ship once it is restocked.

3.3 We Only Sell to Canada

Our website is solely for the promotion of our products in Canada, and we do not accept orders for products to addresses outside of Canada. Shipments to remote or northern areas may have shipping restrictions that limit availability of certain products.

3.4 No Resale or Export

HOROW.ca orders are for individual use only; bulk, stock, or resale orders are prohibited and may be rejected. HOROW products may be restricted for sale in certain jurisdictions or to certain customers, and therefore products are not allowed to be exported outside of Canada.

3.5 Other Sales Limitations

We only knowingly sell products and services to adults, so you are not permitted to purchase products or services if you are under the age of majority where you live (typically this is eighteen (18) years old). An adult at least eighteen (18) years old with a valid, government issued photo ID must be present during any service appointment to authorize and approve all work completed. By agreeing to receive service(s), you authorize us to perform the requested service(s) and you represent that you have the right to authorize the performance of the service(s) and that you have obtained any additional and necessary authorizations (e.g., from a landlord or homeowner’s association as applicable).

4. Rights to Make Changes

4.1 Your Rights to Make Changes

Please promptly contact us if you wish to make a change to your order for products or services. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product or service, the timing of supply or anything else which would be necessary as a result of your requested change, and we will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you with respect to your product order, you may be allowed to cancel your order if it has not shipped yet.

4.2 Our Rights to Make Changes

We may change the product to reflect changes in relevant laws and regulatory requirements. We will contact you if there are any material product changes prior to fulfilling your order. We may change the Pro assigned to your service order at any time and for our convenience but will endeavor to minimize changes to avoid rescheduling. The Pro may also make scheduling changes based on their schedule.

5. Performance of Services

5.1 Scheduling the Service

Upon checkout, you will receive a survey to provide preferred installation days and times. The Pro will reach out to you to confirm a specific date and time based on projected receipt of product as well as the Pro's schedule.

5.2 Pro Assigned to Provide the Services

We contract with independent plumbing Pros to provide the services. These Pros are independent third-party contractors who have agreed to provide the services. Once a Pro has been assigned, they will contact you to finalize the appointment date-and time and learn additional details about the services and the space where the products will be installed (the “Installation Space”). You will need to be available to allow the Pro into your home and verify via signature that the work is complete to your reasonable satisfaction in accordance with applicable installation specifications. If you are not able to make your scheduled service appointment, please promptly contact your Pro to reschedule the service appointment. The service appointment should be scheduled for a time after you have received and inspected the products.

5.3 Inspect the Product in Advance

Prior to the service appointment, you should unbox the product to ensure that the product complies with its written specifications from us and is not damaged. This helps maximize the time spent with the Pro.

5.4 Labor Only

Except where specifically stated or bundled, service or installation orders are service-only agreements. All required products (other than consumables) are your responsibility to procure. Labor beyond the scope of work for the service, which a Pro may not be able to perform, may incur an additional charge.

5.5 Space and Access

The Pro requires access to the Installation Space, Products, and water shutoff in order to complete the service(s), and this may require cooperation and coordination from you in providing access to these areas. You are responsible for ensuring that pets are safely removed from the Installation Space during the services, and that the Installation Space is safe, clear of any moveable items, adequate to perform the services, and any personal items or valuable are stored elsewhere during the service. Services may not be performed if minimum requirements are not met or if physical issues are encountered (such as rotten subfloor, wiring issues or defects, loose pets in the Installation Space, unsafe conditions, or physical or technical barriers). Service may be denied if no adult is present when a Pro arrives for the service appointment, the Pro determines that they do not have appropriate authorization or cooperation from those present at the service location, or the Pro determines that the working conditions are not safe.

5.6 Completion of Services

Upon completion of the services, you will be provided an opportunity to inspect the installed product to ensure the service was performed to your reasonable satisfaction in accordance with the installation specifications. The Pro may request that you complete an Acknowledgement of Service Completion form to ensure that the services have been performed as expected.

5.7 COVID-19 Precautions

All installation Pros adhere to local COVID-19 precautions, including masking. Please contact your local health department to stay up-to-date on local recommendations.

6. Price and Payment

6.1 Price

The prices of the product and services are indicated on the order pages when you place your order. Prices online may differ from prices available in stores or through other retailers. Prices of services may differ depending on your location.

6.2 Sales Tax

Sales tax for the products and services, as applicable, will be shown on the checkout page. Taxes applicable to products are based on the billing address. Taxes applicable to services are based on the service location.

6.3 Inaccurate Prices or Product Descriptions

Although we make reasonable efforts to ensure our prices for the products and services are correct, some products or services may be incorrectly priced. If the product's or service's correct price on your order date is higher than the price stated to you, we will contact you before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel the order, refund your payment, and require the return of any goods provided to you.

6.4 Payment for Products

We accept payment with PayPal, Visa, MasterCard, American Express, and Discover. Payment for products must be made in full at the time of order placement and for the services upon confirmation or completion of service.

6.5 Payment for Services

 

We accept payment with PayPal, Visa, MasterCard, American Express, and Discover. When you purchase services, we pre-authorize or place a hold on your credit or debit card when you complete a checkout, which can affect your balance or credit line. Upon completion of the services and the signing of the Acknowledgement of Service Completion form, we will remove the hold from your credit or debit card and charge you the full amount of the service.

 

7. Delivery and Installation

7.1 Delivery of Products

We will deliver products to the address specified in your order. Delivery charges are calculated based on your location and will be disclosed during checkout. You will receive an estimated delivery time, and we will provide tracking information once the product has shipped. Please ensure someone is available at the delivery address to accept the product.

7.2 Delivery Limitations

Due to shipping restrictions or logistical limitations, some products may not be available for delivery to certain locations. In the event of such restrictions, we will notify you and provide alternative solutions or refunds if the product cannot be delivered.

7.3 Delivery Delays

We make every effort to deliver your products on time. However, sometimes delays are unavoidable due to factors beyond our control, such as weather, shipping issues, or global supply chain disruptions. If your order is delayed, we will inform you and provide an updated delivery window.

7.4 Installation Scheduling

Once your products have been delivered, the Pro will contact you to schedule an installation appointment. If the installation service was part of your order, please ensure that the product is unboxed and ready for installation when the Pro arrives.

8. Cancellation and Returns

8.1 Right to Cancel

You may cancel your order up to 48 hours before the scheduled delivery date for a full refund. To cancel, please contact HOROW Customer Service via E-mail: support@horow.ca. After the 48-hour period, cancellations may incur a fee or refund limitation depending on the stage of the order.

8.2 Returns and Exchanges

If you are not satisfied with a product, you can return it within 30 days of delivery, provided the product is unused, undamaged, and in its original packaging. Custom or special-order products may not be eligible for returns or exchanges. For return instructions, please contact HOROW Customer Service.

8.3 Non-refundable Products

Some products and services, such as installation fees and custom orders, may not be eligible for a return or refund. Please review the details of your order carefully before confirming your purchase.

9. Liability

9.1 Limitation of Liability

To the fullest extent permitted by law, HOROW's liability for any claim arising from the sale, delivery, installation, or use of products or services shall be limited to the purchase price of the affected product or service. We are not liable for any indirect, incidental, or consequential damages, including but not limited to property damage, loss of income, or any other type of damages arising from the use or inability to use our products or services.

9.2 Warranty

HOROW provides a limited warranty on certain products, which covers defects in materials and workmanship. For warranty details specific to your product, please refer to the warranty card or visit our website at https://www.horow.ca/pages/warranty.

9.3 Force Majeure

We are not liable for any failure or delay in the performance of our obligations due to events beyond our reasonable control, such as natural disasters, strikes, or other unforeseen circumstances.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada. Any disputes will be subject to the jurisdiction of Canadian courts.

10.2 Dispute Resolution

If any dispute arises between you and HOROW, we encourage you to contact us directly to attempt to resolve the matter. If we are unable to resolve the dispute, you agree to submit the dispute to binding arbitration in accordance with the laws of Canada, and agree that the arbitration will take place in the location of HOROW’s headquarters.

11. Miscellaneous

11.1 Entire Agreement

These Terms and Conditions, along with any order confirmation, warranty documents, and other policies provided by us, constitute the entire agreement between you and HOROW concerning your order.

11.2 Changes to Terms

HOROW reserves the right to amend these Terms and Conditions at any time. Any amendments will be effective upon posting on the HOROW website, and your continued use of our products and services will constitute your acceptance of such amendments.

11.3 Severability

If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

12. Other Important Terms

12.1 Subcontracting

HOROW may use third-party providers, including independent contractors, to fulfill our obligations under this agreement, such as product installation, delivery, and other related services. You acknowledge that some services may be performed by third-party providers and consent to such subcontracting arrangements.

12.2 No Assignment or Third-Party Beneficiaries

This agreement is between you and HOROW. You may not assign your rights or obligations under this agreement to any third party. No third party shall have any rights to enforce any of the provisions in this agreement.

12.3 Governing Law and Venue

These Terms and Conditions, and any disputes arising out of or in connection with them, will be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles. The exclusive jurisdiction for resolving any legal dispute will be the courts in Canada.

12.4 Force Majeure

HOROW will not be held liable for any failure or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is due to events beyond our reasonable control, including but not limited to, natural disasters, war, strikes, supply chain issues, pandemics, government orders, or any other events that are not within our control.

12.5 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to reflect the parties' original intent as closely as possible, and the modified provision will be enforceable.

12.6 Waiver

Any waiver of a breach of any provision of this agreement shall not be deemed a waiver of any future breach or violation. Our failure to exercise or delay in exercising any right, remedy, power, or privilege under this agreement does not constitute a waiver of that or any other right.

12.7 Survival

Certain provisions of this agreement, such as those regarding warranties, limitations of liability, and dispute resolution, will survive the termination or expiration of this agreement.

12.8 Discounts

Discounts and promotional offers are subject to availability and may have limitations or exclusions. Discounts are not applicable to past purchases and are not transferable. HOROW reserves the right to modify or cancel discounts at any time without prior notice.

12.9 Entire Agreement

These Terms and Conditions, along with any documents referenced herein, constitute the entire agreement between you and HOROW with respect to your purchase of products and services. This agreement supersedes any prior or contemporaneous agreements or understandings, whether written or oral, between you and HOROW.