TERMS AND CONDITIONS
These Terms and Conditions apply to your use of the Evergreen Log Structures website and to the policies expressly incorporated into a customer’s estimate, invoice or purchase agreement. By accessing or using this website, you agree to the following terms.
WEBSITE INFORMATION
We make reasonable efforts to ensure that the information on this website is accurate and up to date. Product details, specifications, dimensions, pricing, availability, lead times, photographs and other website content are provided for general information purposes only and may change without notice.
Customers should rely on the specifications, pricing and other terms stated in their final written estimate, invoice or purchase agreement.
NO BINDING AGREEMENT
Submitting a contact form, Ready to Order request or other inquiry through this website does not create a binding agreement.
All orders are subject to review and confirmation by Evergreen Log Structures. A purchase agreement is created only when the applicable order terms have been confirmed and the required payment or deposit has been accepted.
PRICING AND AVAILABILITY
All website pricing is shown in Canadian dollars unless otherwise stated and is subject to confirmation.
Final pricing, applicable taxes, product availability, included components, optional upgrades, payment terms, pickup or delivery arrangements and expected timelines will be confirmed during the ordering process.
Promotional pricing cannot be combined with other promotions, discounts or financing offers unless expressly stated in writing.
CUSTOMER CANCELLATION POLICY
A deposit may be required to reserve a log structure kit, secure promotional pricing, allocate available inventory or place an order with Evergreen Log Structures’ supplier.
Deposit Commitment
The deposit becomes committed when it is received by Evergreen Log Structures.
By paying the deposit, the customer confirms the order, reserves the selected log structure kit and agrees to the applicable estimate, invoice, purchase terms and this Customer Cancellation Policy.
Except where cancellation or a refund is required by applicable law, a committed deposit will be handled in accordance with this policy.
Customer Cancellation
A customer wishing to cancel an order must provide written notice to Evergreen Log Structures.
If the customer cancels after paying the deposit, or fails to complete the purchase in accordance with the agreed payment, pickup or delivery schedule, Evergreen Log Structures may retain the deposit while making reasonable efforts to resell the reserved or ordered model.
Once the model has been sold to a replacement purchaser, the replacement purchase has been completed and Evergreen Log Structures has received payment in full, the original customer will be refunded the remaining balance of the deposit, less any actual, reasonable and documented expenses or losses resulting from the cancellation.
Any refund owing will be issued within 15 business days after Evergreen Log Structures has received full payment from the replacement purchaser.
Permitted Deductions
Deductions may include, where applicable:
- Supplier cancellation, amendment or restocking charges
- Currency-conversion, wire-transfer and banking costs
- Freight, shipping, handling or storage expenses resulting from the cancellation
- Reasonable advertising and remarketing expenses incurred to resell the model
- Costs associated with customer-requested modifications, upgrades or customizations
- Any reduction in the selling price reasonably required to resell the model
- Any other direct, reasonable and documented loss caused by the cancellation
Evergreen Log Structures will provide the customer with a written summary of any deductions made from the deposit.
The refund will not exceed the amount of the deposit originally paid. No interest will be paid on a deposit while the model is awaiting resale.
Resale of the Model
Evergreen Log Structures will make reasonable efforts to resell the model and will determine the reasonable timing, advertising, pricing and terms of the resale.
A model will be considered resold only when the replacement purchase has been completed and Evergreen Log Structures has received payment in full.
Evergreen Log Structures is not required to refund more than the remaining deposit balance after permitted deductions, even if the model is subsequently sold for more than the original customer’s purchase price.
Custom and Special Orders
Deposits for custom, modified or specially ordered products may be non-refundable to the extent that Evergreen Log Structures cannot reasonably cancel the supplier order, reverse the modifications or recover the associated costs through resale.
Any additional deposit or cancellation terms applying to a custom or special order will be stated in the customer’s estimate, invoice or purchase agreement.
Cancellation by Evergreen Log Structures
If Evergreen Log Structures cancels an order because it is unable to supply the agreed model, and the customer does not accept a reasonable substitute or another written arrangement, Evergreen Log Structures will refund all amounts paid toward the unavailable model.
This does not apply where cancellation results from the customer’s failure to make payment, provide required information, take delivery or otherwise fulfill the customer’s obligations under the purchase agreement.
Statutory Rights
Nothing in this policy limits any cancellation, refund, warranty or other consumer right that cannot legally be waived under applicable law.
FINAL SALE, PICKUP AND DELIVERY
Except where otherwise required by applicable law or expressly agreed to in writing, all log structure kit sales are final once:
- The kit has been picked up by the customer or the customer’s authorized carrier from the Evergreen Log Structures display centre
- The kit has been delivered to and received by the customer or the customer’s authorized representative
The customer is responsible for inspecting the shipment at pickup or delivery and confirming the condition and quantity of the visible packages, pallets and components.
Any visible damage, missing packages or apparent discrepancies must be reported to Evergreen Log Structures before the customer or the customer’s carrier leaves the display centre, or noted with the delivery provider and reported to Evergreen Log Structures at the time of delivery.
Evergreen Log Structures is not responsible for loss, theft, weather exposure, improper storage, handling damage or deterioration occurring after the kit has been picked up by the customer or the customer’s carrier, or after it has been delivered to and received by the customer or the customer’s authorized representative.
The customer must report any concealed shipping damage or component discrepancy discovered after opening the packaging as soon as reasonably possible and provide photographs and other supporting information requested by Evergreen Log Structures.
This section does not limit any warranty or other consumer right that cannot legally be waived under applicable law.
PRODUCT USE AND INSTALLATION
Our log structure kits are supplied as prefabricated kits. Unless expressly stated otherwise in writing, the purchase price does not include site preparation, foundations, assembly, installation, roofing materials, electrical work, plumbing, permits or other work performed at the customer’s property.
Installation methods, site conditions, foundations, intended uses and local building requirements vary.
The customer is responsible for:
- Confirming that the selected model is suitable for the intended location and use
- Obtaining all required permits, approvals, inspections and professional advice
- Ensuring compliance with applicable building codes, zoning requirements, setbacks and site requirements
- Preparing a suitable foundation and site
- Following the supplied instructions and using qualified contractors where appropriate
- Protecting, storing and maintaining the kit and completed structure properly
Evergreen Log Structures does not represent that a particular model may be installed or used without a permit or other approval in every municipality.
THIRD-PARTY PRODUCTS AND SERVICES
Delivery providers, installers, contractors, financing providers and other third parties may be independent businesses.
Unless expressly stated otherwise in writing, Evergreen Log Structures is not responsible for the acts, omissions, delays or services of independent third parties.
Any third-party warranties, financing terms or service agreements are governed by the applicable third party’s terms.
DELAYS AND EVENTS BEYOND OUR CONTROL
Pickup, delivery and availability dates are estimates unless expressly guaranteed in writing.
Evergreen Log Structures is not responsible for delays or failure to perform caused by events beyond its reasonable control, including supplier delays, transportation interruptions, port or customs delays, labour disruptions, severe weather, natural disasters, government actions or shortages of materials.
Evergreen Log Structures will make reasonable efforts to communicate material delays and arrange a revised timeline.
LIMITATION OF LIABILITY
To the extent permitted by law, Evergreen Log Structures is not responsible for indirect, incidental, special or consequential damages arising from:
- The use of this website
- Reliance on general information displayed on the website
- Improper storage, handling, assembly, installation, modification or maintenance of a kit
- Unsuitable site or foundation conditions
- Failure to obtain required permits, inspections or approvals
- Services provided by independent third parties
- Delays or events beyond our reasonable control
Nothing in these Terms excludes or limits liability or consumer rights that cannot legally be excluded or limited.
INTELLECTUAL PROPERTY
All website content, including text, images, photographs, drawings, plans, graphics, logos and branding, is owned by or licensed to Evergreen Log Structures and may not be copied, reproduced, modified, distributed or used commercially without prior written permission.
CHANGES TO THESE TERMS
We may update these Terms and Conditions from time to time. Changes will be posted on this page and will apply from the date of posting.
The terms applicable to a confirmed order will be those provided or incorporated into the customer’s estimate, invoice or purchase agreement at the time the order is accepted, unless the customer and Evergreen Log Structures later agree to a change in writing.
GOVERNING LAW
These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
CONTACT
If you have questions about these Terms and Conditions, please contact Evergreen Log Structures through the Contact page on this website.