Terms and Conditions

Last Updated: January 22, 2025

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Custom Dream Stairs (“Company,” “we,” “our,” or “us”), located at 11 Cidermill Avenue, Unit 6, Concord, ON L4K 4B6, Canada.

By accessing our website (customdreamstairs.com), purchasing products, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services.

IMPORTANT: Please read these Terms carefully before using our services or making any purchase. These Terms include important limitations of liability and dispute resolution provisions.

2. Services Offered

Custom Dream Stairs provides the following services throughout Canada:

• Custom Staircase Design and Installation: Including wood stairs, open riser stairs, closed riser stairs, mono stringer stairs, curved staircases, straight staircases, and custom stairs
• Staircase Renovation: Including refinishing, recapping, and modernization of existing staircases
• Railing Installation and Replacement: Including wood railings, metal railings, and glass railings for indoor and outdoor applications
• Glass Systems: Including glass railings, pool fencing, shower enclosures, glass walls, and deck glass railings
• Product Sales: DIY materials and components for stairs, railings, and glass systems through our online shop
• Consultation Services: Design consultations, measurements, and project planning

3. Quotes and Estimates

3.1 Quote Validity

All quotes and estimates provided by Custom Dream Stairs are valid for 30 days from the date of issue, unless otherwise specified. After this period, we reserve the right to revise pricing based on material costs, labor rates, or project scope changes.

3.2 Site Inspection

Quotes are based on information provided by the Customer and may be subject to change following an on-site inspection. We reserve the right to adjust pricing if actual site conditions differ from those described or assumed during the quoting process.

3.3 Non-Binding Estimates

Initial estimates are approximations and not binding commitments. Final pricing will be confirmed in a written contract or purchase order before work begins.

3.4 Quote Request Information

Customers requesting quotes agree to provide accurate and complete information regarding their project requirements, site conditions, and specifications. Inaccurate information may result in quote revisions.

4. Orders and Contracts

4.1 Service Contracts

For installation and renovation services, a written contract will be executed before work begins. The contract will include:

• Detailed scope of work and specifications
• Total project cost and payment schedule
• Project timeline and estimated completion date
• Material selections and finishes
• Warranty terms and conditions

4.2 Product Orders

Online product orders are subject to acceptance by Custom Dream Stairs. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product availability
• Errors in pricing or product descriptions
• Suspected fraudulent activity
• Inability to verify customer information

4.3 Order Confirmation

You will receive an order confirmation via email after placing an order. This confirmation does not constitute our acceptance of your order. Acceptance occurs when we ship the product or commence installation services.

4.4 Custom Orders

Custom-made products and installations are non-refundable and non-cancellable once production has commenced or materials have been ordered, except as required by law.

5. Pricing and Payment

5.1 Pricing

All prices are listed in Canadian Dollars (CAD) and are subject to change without notice. The price charged will be the price in effect at the time of order placement or contract execution.

5.2 Taxes

All prices are exclusive of applicable taxes, including Harmonized Sales Tax (HST), Goods and Services Tax (GST), or Provincial Sales Tax (PST), which will be added to your total as required by law.

5.3 Payment Methods

We accept the following payment methods:

• Credit cards (Visa, MasterCard, American Express)
• Debit cards
• E-transfer
• Cash (for in-person transactions)
• Certified cheque or money order

5.4 Payment Schedule for Services

For installation and renovation services, payment is typically structured as follows:

• Deposit: 50% deposit required upon contract signing to secure project scheduling and order materials
• Progress Payment: Additional payments may be required at project milestones (if applicable)
• Final Payment: Balance due upon project completion and customer acceptance

5.5 Payment Terms for Products

Full payment is required at the time of purchase for online shop orders, unless alternative arrangements have been made in writing.

5.6 Late Payments

Late payments may be subject to interest charges at a rate of 2% per month (26.82% annually) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend work or withhold delivery for accounts in arrears.

5.7 Payment Disputes

Any payment disputes must be raised within 10 business days of invoice date. Failure to dispute charges within this timeframe constitutes acceptance of the invoiced amount.

6. Project Timelines and Delays

6.1 Estimated Timelines

Project timelines provided are estimates and not guaranteed completion dates. Actual completion times may vary based on:

• Weather conditions (for projects involving outdoor work or material delivery)
• Material availability and supply chain issues
• Unforeseen site conditions
• Changes to project scope requested by Customer
• Delays caused by third parties or municipal requirements
• Acts of God or force majeure events

6.2 Customer Obligations

Customers are responsible for:

• Providing clear access to work areas
• Obtaining necessary permits and approvals (unless otherwise agreed)
• Making timely decisions on material selections and design choices
• Being available for scheduled consultations and inspections
• Making timely payments according to the agreed schedule

Delays caused by Customer’s failure to meet these obligations may result in project timeline extensions and potential additional charges.

6.3 Force Majeure

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including natural disasters, pandemics, government restrictions, labor disputes, or supplier failures.

7. Cancellation and Refund Policy

7.1 Service Cancellations by Customer

• Before Work Begins: Customers may cancel service contracts before work begins. Deposits are refundable minus a 15% administrative fee and any costs incurred for materials ordered or non-refundable expenses.
• After Work Begins: If cancellation occurs after work has commenced, Customer is responsible for payment of all work completed, materials purchased, and a cancellation fee of 25% of the remaining contract value.
• Custom Orders: Cancellations of custom-made products or materials are not permitted once production has begun.

7.2 Product Returns

Stock products purchased through our online shop may be returned within 14 days of delivery subject to the following conditions:

• Products must be unused, in original packaging, and in resalable condition
• Customer must obtain a Return Merchandise Authorization (RMA) number before returning items
• Return shipping costs are the responsibility of the Customer unless the return is due to our error
• A 20% restocking fee applies to all approved returns
• Custom-made or special-order products are non-returnable
• Sale or clearance items are final sale and non-returnable

7.3 Refund Processing

Approved refunds will be processed within 10-14 business days of receiving returned items or cancellation confirmation. Refunds will be issued to the original payment method.

7.4 Cancellation by Company

We reserve the right to cancel any order or contract if:

• Customer fails to make scheduled payments
• Customer fails to provide necessary access or information
• Site conditions make the project unsafe or impractical
• Customer engages in abusive or threatening behavior toward our staff

In such cases, Customer is responsible for payment of all work completed and materials purchased.

8. Warranties

8.1 Workmanship Warranty

Custom Dream Stairs warrants that all installation and renovation work will be performed in a professional and workmanlike manner. We provide a 1-year warranty on workmanship from the date of project completion, which covers:

• Defects in installation
• Structural issues caused by improper installation
• Failure of installed components due to installation errors

8.2 Product Warranties

Products sold by Custom Dream Stairs are covered by manufacturer warranties, which vary by product. We will provide warranty information for all products at the time of purchase. We are not responsible for defects in materials manufactured by third parties beyond facilitating warranty claims.

8.3 Warranty Exclusions

Our warranties do not cover:

• Normal wear and tear
• Damage caused by misuse, abuse, or neglect
• Damage from accidents, natural disasters, or acts of God
• Modifications or repairs performed by others
• Failure to follow recommended maintenance procedures
• Color variations in natural wood or stone materials
• Settlement or movement of the building structure
• Damage from water, moisture, or environmental conditions

8.4 Warranty Claims

To make a warranty claim, you must:

• Notify us in writing within 30 days of discovering the defect
• Allow us reasonable opportunity to inspect and remedy the issue
• Provide proof of purchase and original installation date

Our sole obligation under this warranty is to repair or replace defective workmanship or materials at our discretion. We are not liable for consequential or incidental damages.

8.5 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO OUR SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM.

9.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Loss of use or enjoyment of property
• Cost of substitute products or services
• Property damage beyond the immediate work area
• Personal injury (except as required by law)
• Business interruption
• Data loss or corruption

9.3 Customer’s Insurance

Customer is responsible for maintaining adequate property and liability insurance. We recommend notifying your insurance provider of any renovation or construction work.

9.4 Third-Party Claims

We are not responsible for claims by third parties arising from your use or installation of our products or services.

10. Intellectual Property

10.1 Website Content

All content on our website, including text, graphics, logos, images, designs, and software, is the property of Custom Dream Stairs or its licensors and is protected by Canadian and international copyright and trademark laws.

10.2 Design Work

Original design work created by Custom Dream Stairs for your project remains our intellectual property until full payment is received. Upon full payment, you receive a limited license to use the design for the specific contracted project only.

10.3 Restrictions

You may not:

• Reproduce, distribute, or create derivative works from our website content without permission
• Use our designs for purposes other than the contracted project
• Share our proprietary designs with competitors or other contractors
• Remove or alter any copyright or trademark notices

11. Photography and Marketing

By engaging our services, you grant Custom Dream Stairs permission to photograph completed projects and use such photographs for marketing, advertising, and promotional purposes, including on our website, social media, and printed materials. If you do not wish to have your project photographed or used for marketing, you must notify us in writing before project commencement.

12. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our Privacy Policy.

13. Indemnification

You agree to indemnify and hold harmless Custom Dream Stairs, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any law or rights of third parties
• Your misuse of our products or services
• Information you provide to us that is inaccurate or misleading
• Your failure to obtain necessary permits or approvals

14. Insurance and Licensing

Custom Dream Stairs maintains appropriate liability insurance and complies with all applicable licensing requirements in Ontario, Canada. Certificates of insurance are available upon request.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15.2 Jurisdiction

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts of Ontario, Canada, and you consent to the personal jurisdiction of such courts.

15.3 Dispute Resolution

Before initiating any legal action, the parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, disputes may be submitted to mediation before proceeding to litigation.

15.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute with Custom Dream Stairs will be resolved on an individual basis and not as part of a class action or representative proceeding.

16. Safety and Site Conditions

16.1 Work Area Preparation

Customer is responsible for:

• Clearing work areas of furniture, valuables, and personal items
• Protecting floors and surfaces in adjacent areas
• Ensuring pets are secured during work hours
• Providing safe access to work areas
• Disclosing any hazardous materials or conditions (asbestos, lead paint, etc.)

16.2 Safety Compliance

We maintain strict safety standards and comply with all applicable Occupational Health and Safety regulations. Customers must not interfere with safety equipment or procedures.

16.3 Hazardous Materials

If hazardous materials are discovered during work, we reserve the right to stop work until proper remediation is completed by qualified specialists at Customer’s expense.

17. Changes to Scope of Work

17.1 Change Orders

Any changes to the agreed scope of work must be documented in a written change order signed by both parties. Change orders may affect project cost and timeline.

17.2 Customer-Requested Changes

Changes requested after work has begun may result in:

• Additional costs for labor, materials, and design modifications
• Project delays
• Disposal fees for unused materials
• Re-ordering costs for custom materials

17.3 Unforeseen Conditions

If unforeseen conditions are encountered that require changes to the scope of work, we will notify you promptly and provide a revised estimate. Work related to unforeseen conditions will not proceed without your approval.

18. Building Codes and Permits

18.1 Code Compliance

All work will be performed in accordance with applicable building codes and regulations. However, Customer is ultimately responsible for ensuring all necessary permits are obtained unless we have specifically agreed in writing to obtain permits on your behalf.

18.2 Existing Conditions

We are not responsible for bringing existing conditions up to current code unless specifically included in the scope of work. Pre-existing code violations discovered during work will be brought to your attention.

18.3 Inspections

Customer is responsible for scheduling and paying for any required building inspections unless otherwise agreed in writing.

19. Delivery and Shipping

19.1 Delivery Terms

For product orders, delivery times are estimates only and not guaranteed. We are not liable for delays in delivery caused by circumstances beyond our control.

19.2 Shipping Costs

Shipping costs are calculated based on delivery location, package size, and weight. Shipping charges will be clearly indicated before order completion.

19.3 Delivery Locations

We ship throughout Canada. International shipping is not currently available. Some remote locations may incur additional delivery charges.

19.4 Receipt and Inspection

Customer must inspect delivered products immediately upon receipt and report any damage or discrepancies within 48 hours. Claims for damaged or missing items will not be accepted after this period.

19.5 Refused Deliveries

If you refuse delivery or are unavailable to accept delivery after arrangements have been made, you may be charged for re-delivery and storage fees.

20. Showroom and In-Person Visits

20.1 Showroom Hours

Our showroom is open during posted business hours. We recommend scheduling appointments for design consultations to ensure staff availability.

20.2 Display Products

Products displayed in our showroom are for demonstration purposes only. While we strive to maintain accurate displays, actual products may vary slightly in appearance, color, or specifications.

20.3 Conduct

We reserve the right to refuse service or remove individuals from our premises for disruptive, threatening, or inappropriate behavior.

21. Environmental and Disposal

21.1 Material Disposal

Unless otherwise agreed, Customer is responsible for disposal of old materials, debris, and waste generated during renovation projects. We can arrange disposal services for an additional fee.

21.2 Environmental Compliance

We comply with all applicable environmental regulations for material handling and disposal. Hazardous materials require special handling at additional cost.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

23. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

24. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

25. Entire Agreement

These Terms, together with our Privacy Policy and any written contracts or purchase orders, constitute the entire agreement between you and Custom Dream Stairs regarding our services and products, and supersede all prior agreements and understandings, whether written or oral.

26. Updates to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new “Last Updated” date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated via email to registered customers.

27. Contact Information

For questions about these Terms and Conditions, please contact us:

Custom Dream Stairs
11 Cidermill Avenue, Unit 6
Concord, ON L4K 4B6
Canada

Phone: +1 (905) 660-8001
Email: Sales@CustomDreamStairs.com

Business Hours:
Monday – Friday: 9:00 AM – 5:00 PM
Saturday: 9:00 AM – 2:00 PM

28. Acknowledgment

BY USING OUR WEBSITE, PURCHASING OUR PRODUCTS, OR ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.