Refund and Returns Policy

General Terms of Sales

Introduction

The Terms of Sales (this “Agreement”) constitute a legal agreement between The buyer (“the buyer”) and Mugo bath. ( “the seller”). The buyer use the Terms of Sales constitutes the buyer agreement to all the terms of this Agreement.

Description of the Service

All orders and purchases made are subject to the following

• The buyer agrees to purchase the products and/or the services listed in the invoice and to pay for all charges (including 3% service charge) listed in the invoice.

• All prices listed and will be processed in Canadian dollars.

• Effect of errors on the seller’s part – While the seller takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. the seller may correct errors or inaccuracies and change or update information at any time with notice ahead, including in respect of prices and availability of items.

• The buyer may only purchase or order items for lawful purposes and any other use is not permitted.

• The buyer must be 13 years of age or older to purchase.

• The seller reserves the right to limit the quantities, of items which the buyer, the buyer’s family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if the seller believes that customer conduct contravenes applicable law or is harmful to the interests of the seller or its representatives, agents, contractors, suppliers or licensees.

• In order to protect the buyer and the seller from fraudulent transactions, the seller may provide the buyer transaction-related information to a reputable third-party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that the buyer provide matches the buyer’s credit card address. The seller also reserves the right, at its discretion, not to ship items ordered or purchased on this invoice to certain addresses. In the event that the seller chooses not to ship an item, the buyer will be notified by email and any amount charged to the buyer credit card will be refunded.

• The seller will not be liable for any labor or other expenses of any kind or nature incurred in connection with the sale, use or replacement of any defective product or parts.

• The seller is here to give advice on all of the buyer projects. That said the seller cannot be responsible for any property damages or personal injuries that occur when handling or installing any glass products. The advice that the seller gave is only for reference, the seller expect for the buyer to do the proper amount of research before placing an order.

• The seller will not hold stock beyond 30 days after purchase date. Customer items must be picked up during this period. We do not accept responsibility for abandoned items. At the end of 30 days, the seller will discard all remaining items, and no refunds will be issued.

• The Buyer acknowledges and agrees that the seller cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.

Refund/Cancellation

• The buyer is eligible for the reimbursement within 30 calendar days of their purchase, After the 30-day period, the buyer will no longer be eligible and won’t be able to receive a refund.

• Cancellation: If the Buyer chooses to end the order prior to custom order, the Buyer is responsible for paying for all work and costs incurred up until that date.

• Professional installation required. No refund, return, or exchange for any damage goods due to the inappropriate installation.

• All custom orders require a 50% non-refundable deposit and are non-cancellable, non- returnable, and non-exchangeable.

• Shipping and Delivery fees are not refundable

• Installation fees are not refundable once goods installed

Return

• There is 25% re-stocking fee applies to all return.

• All return (both goods and packaging) must in original, unused condition and is resalable deemed by the seller, return should be accompanied by the original invoice.

• All components must be securely packed in return. The seller reserves the right NOT to refund or replace the goods in return is damaged.

• Buyer is responsible for the return shipping and handling charges.

• Returns will be credited using the original method of payment and will be processed within 30 days.

• All altered items, installed, custom orders, clearance product, and final sales are not eligible for return

• All claims as regard to the quantity and/or quality of merchandise shipped must be made within 48 hrs ( forty-eight hours ) of delivery. The material must then be held intact for inspection by the seller’s representative.

• If merchandise is used in whole or in part or kept after 48 hrs ( forty-eight hours), the buyer shall be deemed to have fully inspected such merchandise, and shall be deemed to have absolutely accepted all goods shipped and shall be precluded asserting any implied and/or express condition as to quality or quantity of goods shipped.

Curbside Shipping

• Please include a daytime phone number in the shipping information at the time of checkout. This is required so the shipping company can contact the buyer to arrange delivery.

• Curbside Delivery service does not include set up, assembly of items, haul away or removal of packaging materials.

• No ship to PO box, APO or FPO. The tracking number will be emailed after the shipment is made.

• A signature is required for all deliveries; the driver is unable to complete delivery without a signed delivery receipt.

• Express delivery conditions may require an additional fee to be paid.

Shipping Methods:

Local Shipping & LTL Shipping & Local warehouse pick-up

Shipping Costs and Handling fee:

• Local Shipping: No handling fee; Shipping within 50km radius distance of warehouse. $50 per delivery per time; Free shipping for equal or more than two set of shower doors per time

• LTL Shipping: $30 handling fee charged per shower door per skid; Free handling fee for equal or more than two set of shower doors per order per skid; The buyer pays for the LTL Shipping cost; The Seller is not responsible for any customs, duties and taxes applied to the Buyer’s order. All fees imposed during or after shipping are the responsibility of the Buyer (tariffs, taxes, etc.).

• Local warehouse pick-up: No handling fee and No shipping cost. By appointment ONLY. Shipment Processing Time: The Seller will use commercially reasonable efforts to deliver items as quickly as possible and usually ship within 1-3 business day from the full payment of the buyer’s order. The Seller will not be responsible for any delays and correspondence of delays in delivery which are beyond its control. Where delivery is delayed, The Seller will notify the buyer as soon as possible.

Acceptance of Delivery: The seller ensures that orders are very well packaged to minimize any damage, check for the correct goods and items shipped on time. IF THE BUYER’S GOODS ARRIVES BROKEN, PLEASE FOLLOW INSTRUCTIONS BELOW:

• Inspect all shipments upon arrival and before signing the POD (Proof of Delivery) receipts or the packing slip.

• If there is damage, the buyer must refuse the (entire or partial) order and describe the (entire or partial) damage on the delivery receipt. Simply write (entire or partial) items arrived damaged and notify us immediately, please taking photos and/or videos at the same time.

• If the shipment is accepted and no damage is noted on the receipt or the packing slip, the seller reserves the right NOT to refund or replace the goods.

Shipping Disclaimer: The Seller assumes responsibility for the Goods, and all risk of damage, or loss of the Goods, until the Goods are delivered to or collected by the Buyer. Once the Goods have been delivered to or collected by the Buyer, the Buyer assumes all responsibility for and risk of damage to such Goods.

Force Majeure

The seller shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.

Limitation of Liability

The Buyer acknowledges and agrees that the seller will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the buyer has been advised or otherwise might have anticipated the possibility of such loss or damage.

The seller reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. No modifications are to be made by redlining, initialing, or changes in the writings, except as otherwise expressly contemplated herein, changes will be effective when approved and signed by two or more managers of the seller’s.

Installation Terms and Conditions

1. This order is valid for 30 days from the date of the order. Our prices include measurements, fabrication, delivery and installation of materials specified above unless otherwise stated.

2. Price does not include evening or weekend working hours. Normal working hours are 9:00 am to 5 pm Mon.-Fri.

3. The proposed price is subject to change if there are any changes to the size or configuration after the final field measurement, or options not listed in the actual proposal.

4. Before Mugo bath will measure, customer must have prepared a sound, true, level and plumb measurement area.

5. All the Material shall be furnished in accordance with the respective industry tolerances of colour variation, thickness, size (+/-1/8″), texture and performance standards.

6. Mugo bath will not be responsible for any discrepancies in customer provided measurements.

7. If existing obstructions are needed to be removed or customer’s structure needs to be modified or corrected for installation, Mugo bath reserves the right to require customer to modify the work area. If this action results in an installation time increase and/or reschedule, there may be extra charges.

8. For warranty information on your specific product, please visit www.mugobath.com or contact your sales representative. Mugo bath shall not be responsible for damage to its work by others. Mugo bath will not be responsible for special incidental or consequential damages and deems the value of liability to original purchase price and replacement of glass products only.

9. In case Mugo bath has provided labor to install “customer provided” materials, Mugo bath is not responsible for any damages to customer’s glass or any other materials involved in, surrounding, or in the area of the work being performed.

10. Any items not specifically listed and priced in a bid proposal are excluded; any changes from this proposal to hardware or materials listed may cause a change in pricing and will be subject to a written Change Order.

11. Signed Change Orders must be received and approved by Mugo bath and Contractor prior to any additional work being performed and it is understood that the Change Order may increase material delivery times and/or prolong work time.

12. Lead times given are based on information received by suppliers and manufacturers and are subject to change at any time and without notice, therefore Mugo bath shall not be held responsible for delays caused by suppliers and manufacturers.

13. If Contractors assert nonpayment due to nonpayment from Owner, Mugo bath reserves the right to contact said Owner regarding the status of payments on the Project.

14. One trip for Field Measurements and one trip for installation per project is included in the quoted price. Field Measurements will be taken after we are notified that the areas of our scope are ready for measurement. Additional trips required due to openings not being ready and/or unacceptable installation conditions will result in $150.00 per trip charge.

15. Following is excluded: Final protection and cleaning, Glass or Mirror breakage by others, Testing, Engineering, Permits, Bonds, Demolition. Temporary Enclosures, Repairs or Modification of Existing Opening or Frames, Core Drilling for Floor Closures, Any Electrical Work, unless noted in the scope of work.

16. Removal of existing materials may damage materials and/or surfaces during the removal of the said materials or may expose tile/structure issues. Mugo bath does not assume any responsibility for damages due to or during removal of existing materials. Additional trips required due to these issues will result in $150.00 per trip charge.

17. For specialty items and custom orders 50% deposit is required at the time of acceptance and the remaining balance is due before pick-up, delivery, or installation. All special orders from outside vendors may require larger percentage deposit.

18. Orders totaling up to $500.00 are required to be paid in full at the time of order.

19. All glass and/or mirror products must be inspected at the time of installation. Mugo bath is not responsible for glass and/or mirror once it has been accepted after installation.

20. On acceptance of the price quoted for the order, Customer agrees to pay a 50% deposit for materials and labor, and to pay the remaining balance of the agreement upon completion of the work. The remaining balance will be paid on the completion of work, and will be charged according to the original payment method on file unless other payment arrangement is made by Customer at the time of payment of deposit.

21. Customer agrees that in the event of any action or proceedings brought for the recovery of amounts due for products or merchandise or services obtained from Mugo bath to pay all costs of collection including but not limited to attorney’s or collection agent’s fees. The customer further agrees to pay a $48.00 fee for each returned cheque.

22. Mugo bath is not responsible for any existing structural issues that may interfere with the installation and/or lead to unsightly reveals. Any or all structural modifications that may arise before, during, or after the glass installation are explicitly the customer’s responsibility.

23. In instances that the glass shower door is to be installed onto decorative glass tiles, we will not be responsible for damage or breakage of tile. In the event of broken glass-tiles, the customer would have to repair the affected area, and we can return to do the installation again, which may involve additional charges. When designing your shower, it is recommended to avoid decorative glass tiles in the installation area of shower door attachments.

24. If any dimensions are changed after Mugo bath measurement is completed and the changes in dimensions lead to inability of installation, there will be additional charges as much as fabrication of all materials.

25. Once the delivery/installation appointment for your project is confirmed, this time will be reserved just for you. If you are unable to keep this appointment, we will need a notification at least one business day in advance. Otherwise, there may be additional trip charges and further delays due to our scheduling load.

26. 26. Mugo bath will not hold stock beyond 30 days after purchase date. Customer items must be picked up during this period. We do not accept responsibility for abandoned items. At the end of 30 days, Mugo bath will discard all remaining items, and no refunds will be issued.

27. If any product, in our judgement, proves to be defective in material or workmanship and fails to perform to specifications, similar replacement will be furnished without cost. Such replacement will be the limit of the liability of the seller and to the maximum replacement value of original purchase. Damages caused by breakage are not the responsibility of the seller and are deemed possible based on the principals of tempered glass.

28. Customer acknowledges and agrees that Mugo bath cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.

29. Mugo bath reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. No modifications are to be made by redlining, initialing, or changes in the writings, except as otherwise expressly contemplated herein, changes will be effective when approved and signed by two or more Mugo bath managers.

Custom Supply Only Order Conditions

**If any product, in our judgement, proves to be defective in material or workmanship and fails to perform to specifications, similar replacement will be furnished without cost. Such replacement will be the limit of the liability of the seller and to the maximum replacement value of original purchase. Damages caused by breakage are not the responsibility of the seller and are deemed possible based on the principals of tempered glass. All products are manufactured to the latest standards CAN/CGSB 12.1-2017, ANSI Z97-2015 and ASTM C1048. **

1. Packing is available for extra charge and must be requested at the time of order. It is the responsibility of customer to have a suitable vehicle that is prepared to handle the materials to be picked up. It is the customer’s responsibility to load materials. Mugo bath or its agents cannot load your vehicle. During loading, Mugo bath or its agents will not be held liable for any damages to vehicle, personal items in the vehicle, or any bodily injuries that may occur during loading and transportation.

2. Mugo bath or its agents will not be held liable for any damages once the LTL shipment got picked up by trucker.

3. All claims as regard to the quantity and/or quality of merchandise shipped must be made within 48 hrs ( forty-eight hours ) of delivery. The material must then be held intact for inspection by the seller’s representative.

4. No return will be accepted by the seller for Custom Manufactured Products.

5. Orders are placed subject to all items and conditions stated. It is agreed that payment will be made as stipulated. Payment terms will be outlined based on customer account type. To have account type reviewed please contact our finance manager to have credit evaluated.

6. The seller shall not be liable towards any purchaser nor towards any third party for damages sustained, arising directly or indirectly out of any purchase of any merchandise beyond the price paid by the purchaser for such merchandise.

7. All patterns or templates must be exact full size. Mugo bath is not responsible for add/deduct note errors on the template. Coroplast is preferred template material and is available for purchase. Should the template be made of material that causes damage to the glass, Mugo bath will not be held responsible for condition of final product.

8. Supplier reserves the right to make changes in design or to make additions to or improvement in its products without imposing any obligation upon itself to install them on its product previously manufactured.

9. All orders are accepted subject to delays due to strikes or other labour disturbances, fire, flood, acts of God, shortage of material, delays in transit, Government priority or other regulation, delay or failure by our supplier to deliver, or other causes beyond our control. Mugo bath holds no liability should these delays occur. Delivery generally approx. 1-2 weeks from receiving signed contract and deposit. Delays may result from reorder / errors / remakes / back orders / vendor delays; strictly no financial compensation for delays out of our control. Verbal changes after this contract submitted not honored.

10. No other agreement, oral or written, expressed or implied, shall qualify the terms hereof.

11. Title to all merchandise shall remain with the seller until this order is paid in full and according to the terms stated. The seller may at his election remove merchandise unless payment is made within the time limit as defined by the terms herein stated and retain payments made as liquidated damages without legal process. The property covered by the terms shall remain personal property whether placed upon a permanent foundation or in the manner affixed or attached to the building or structure in which it may be contained.

12. If merchandise is used in whole or in part or kept after 48 hrs ( forty-eight hours), the buyer shall be deemed to have fully inspected such merchandise, and shall be deemed to have absolutely accepted all goods shipped and shall be precluded asserting any implied and/or express condition as to quality or quantity of goods shipped.

13. If complete payment is not made as specified then the customer shall be responsible for all costs of collection including, but not limited to, reasonable attorney’s fees. Deposits on custom units non-refundable.

14. Mugo bath will not hold stock beyond 30 days after purchase date. Customer items must be picked up during this period. We do not accept responsibility for abandoned items. At the end of 30 days, Mugo bath will discard all remaining items, and no refunds will be issued.

15. Once the delivery appointment for your project is confirmed, this time will be reserved just for you. If you are unable to keep this appointment, we will need a notification at least one business day in advance. Otherwise, there may be additional trip charges of $50.00 and further delays due to our scheduling load.

16. All accounts which have exceeded their credit limit may be placed on hold until full payments on account are received.