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Terms of Service

Effective Date: July 14, 2026
Last Updated: July 14, 2026

PLEASE READ THESE TERMS CAREFULLY. They form a binding agreement between you and Distribution Magniflex Canada when you access the Website, create an account, use its digital features, or place an order. These Terms do not limit rights that cannot lawfully be excluded under applicable Canadian consumer protection legislation.

Related policies. Our Privacy Policy, Shipping Policy, Return Policy, Warranty Policy, Cookie Policy, and any promotion-specific terms are incorporated into these Terms where applicable. If a conflict exists, the policy or promotion terms that are more specific to the transaction will govern, except where prohibited by law.

1. Acceptance and Scope

These Terms of Service (the “Terms”) apply to the website located at www.magniflex.ca, including its pages, online store, account functions, quizzes, recommendation tools, communications, and other digital services made available through it (collectively, the “Website”). The Website is operated by Distribution Magniflex Canada (“Magniflex Canada,” “Magniflex,” “we,” “us,” or “our”).

By accessing or using the Website, creating an account, submitting content, or purchasing products, you agree to these Terms. If you do not agree, do not use the Website. A purchase is also subject to the product information, price, shipping details, and policies presented to you before checkout and in your order confirmation.

The Website is intended for customers located in Canada. These Terms apply to consumer purchases for personal, family, or household use. Separate written terms may apply to dealers, designers, commercial customers, hospitality customers, or other business purchasers.

2. Eligibility and Permitted Use

You must have reached the age of majority in your province or territory of residence and have legal capacity to enter into a binding agreement. If you allow a minor to use the Website, you are responsible for that use to the extent permitted by law.

You may use the Website only for lawful personal purposes and in accordance with these Terms. You are responsible for ensuring that information you provide is accurate, current, and complete.

3. Accounts and Guest Checkout

You may be able to purchase through guest checkout or create a customer account. You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account. Notify us promptly if you suspect unauthorized access or use.

We may suspend or close an account when reasonably necessary to protect the Website, customers, or Magniflex, including in response to suspected fraud, misuse, security incidents, or material violations of these Terms. We will not exercise this right in a manner that overrides non-waivable consumer rights.

If social login is available, signing in through a third-party provider such as Google or Facebook may also be subject to that provider’s terms and privacy practices.

4. Products, Descriptions, and Availability

We aim to describe and display our products accurately. However, colours, textures, stitching, quilting, finishes, dimensions, and other visual details may appear differently depending on your screen, lighting, manufacturing tolerances, and the natural characteristics of materials. Product images may include accessories, bases, bedding, furniture, or decorative items that are not included unless expressly stated.

Mattress dimensions, heights, weights, comfort descriptions, and other specifications are approximate and may vary within reasonable manufacturing tolerances. Comfort is subjective and may differ based on body type, sleep position, room conditions, foundation, and personal preference.

Products, sizes, colours, collections, features, and quantities are subject to availability. We may modify or discontinue products prospectively. Product availability shown on the Website is not a guarantee until an order has been accepted.

5. Prices, Taxes, and Payment

5.1 Currency and taxes

Unless otherwise stated, prices on the Website are displayed in Canadian dollars (CAD). Applicable GST, HST, PST, QST, shipping charges, environmental fees, and other required charges are calculated or disclosed as required before you complete your order.

5.2 Payment methods

Available payment methods may include major credit cards, Shop Pay, PayPal, and Google Pay. Payment services are provided by third parties and may be subject to their own terms. We do not guarantee that every payment method will be available for every order, customer, device, or location.

5.3 Authorization and charges

By submitting payment information, you represent that you are authorized to use the selected payment method and authorize the applicable charges. A payment authorization or an automated order acknowledgement does not by itself mean that we have accepted the order.

5.4 Pricing and display errors

We make reasonable efforts to ensure prices and product information are accurate. If an error is identified before a binding contract is formed, we may correct the information and ask you to confirm whether you wish to proceed at the corrected price. If a binding contract has already been formed, we will honour our legal obligations and will not rely on this section to cancel an order where applicable law does not permit cancellation by the merchant, including where Québec consumer law applies.

6. Orders, Verification, and Acceptance

6.1 Order review

Before submitting an order, you will have an opportunity to review and correct the products, quantities, delivery information, and charges shown at checkout. Please review this information carefully.

6.2 Acknowledgement and acceptance

After you place an order, we may send an electronic acknowledgement. Unless applicable law or the checkout process provides otherwise, the acknowledgement confirms receipt but is not necessarily acceptance. An order is accepted when we send an express acceptance or shipping confirmation, or when acceptance otherwise occurs under applicable law.

6.3 Verification

We may verify billing, shipping, identity, payment, and order information, and may contact you for additional information. We may place reasonable quantity limits or decline an order before acceptance where necessary to address suspected fraud, unauthorized payment, resale activity, technical errors, or legal restrictions.

6.4 Order changes and cancellations

Contact us promptly if you need to request a change or cancellation. We cannot guarantee a change once processing has started. Our ability to cancel an accepted order is limited by applicable law. Nothing in this section restricts cancellation or refund rights granted by consumer protection legislation.

6.5 Order records

We will provide or make available an order confirmation or other record of the transaction in a form that can be retained or printed, as required by applicable law. Keep your confirmation, invoice, and shipping communications for your records.

7. Shipping and Delivery

We currently ship only to eligible addresses in Canada, subject to the Shipping Policy and any limitations displayed at checkout. Delivery estimates are estimates unless expressly stated as guaranteed. Delivery timing may be affected by product availability, location, carrier capacity, weather, labour disruptions, access conditions, and other circumstances beyond reasonable control.

You are responsible for providing a complete and accurate delivery address, access information, and contact details. Additional charges caused by an incorrect address, failed delivery, restricted access, or rescheduling may apply where disclosed and permitted by law.

Risk of loss, responsibility for delivery, and remedies for late, missing, damaged, or stolen shipments are governed by applicable law and the Shipping Policy. In particular, nothing in these Terms transfers risk to you earlier than permitted by law or removes rights relating to delayed or non-delivery.

8. Returns, Refunds, and Warranties

Returns, exchanges, trial periods, cancellations, and refunds are governed by the Return Policy and any product-specific terms disclosed before purchase. Warranty coverage is governed by the applicable Magniflex Warranty Policy supplied or referenced with the product.

A return policy for change-of-mind purchases does not limit remedies available for products that are defective, unsafe, materially misdescribed, not delivered, or otherwise fail to meet legal warranties or statutory obligations. Refund timing and method may depend on the payment provider and applicable law.

9. Gift Cards

Magniflex gift cards, if offered, are redeemable only through the Canadian sales channel identified at the time of purchase and are denominated in Canadian dollars. They are not redeemable for cash except where required by law and may not be used to purchase another gift card unless expressly allowed.

Gift cards are treated as cash equivalents. You are responsible for protecting the card number or code. We are not responsible for unauthorized use after delivery except to the extent caused by us or otherwise required by law.

Gift cards will not expire and no dormancy or maintenance fee will be charged where prohibited by applicable law. Promotional cards, credits, or vouchers provided without payment may have separate conditions, including expiry dates, where legally permitted and clearly disclosed.

10. Promotions and Discount Codes

Promotions, bundles, gifts with purchase, contests, rebates, and discount codes may be subject to additional terms, dates, product exclusions, minimum purchase requirements, geographic restrictions, quantity limits, and availability. Unless stated otherwise, offers cannot be combined and have no cash value.

We may refuse or reverse use of a promotion before order acceptance where a code is invalid, expired, obtained through unauthorized distribution, used contrary to its stated terms, or affected by a technical error. Once a consumer contract has been formed, our rights are subject to applicable law, including restrictions on merchant cancellation and advertised-price practices.

11. AI Features, Quizzes, and Personalized Recommendations

11.1 Scope

The Website may offer artificial intelligence-powered tools, chat interfaces, virtual assistants, quizzes, recommendation engines, product-matching tools, or other automated features (collectively, “AI Features”). AI Features may use information you choose to provide, such as sleep preferences, body measurements, sleep position, temperature preferences, comfort preferences, and product interests, to generate responses or recommendations.

11.2 Informational purpose

AI Features and product recommendations are provided for general informational and shopping-assistance purposes. They are not medical advice, diagnosis, treatment, or a substitute for advice from a physician or other qualified professional. Do not rely on them for emergencies or for decisions concerning a medical condition, injury, pregnancy, disability, sleep disorder, or treatment plan.

11.3 Automated output

Automated outputs may be incomplete, inaccurate, or unsuitable for your circumstances. Product comfort and suitability are subjective. You remain responsible for reviewing product specifications, policies, warnings, and other information before purchasing or acting on a recommendation.

11.4 Inputs and privacy

Do not submit confidential medical records, government identifiers, payment card numbers, passwords, or other information that is not reasonably necessary to use an AI Feature. Personal information processed through AI Features is handled as described in our Privacy Policy.

11.5 Availability and changes

We may update, limit, suspend, or discontinue AI Features. We do not guarantee that a specific feature, response, or recommendation will remain available. Nothing in this section limits liability or consumer rights that cannot lawfully be excluded.

12. Reviews and User Content

12.1 Your content

The Website may allow you to submit reviews, ratings, comments, photographs, videos, questions, feedback, or other material (“User Content”). You retain ownership of your User Content, subject to the licence below.

12.2 Licence

By submitting User Content, you grant Magniflex and its affiliates a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to host, store, reproduce, adapt, translate, publish, display, distribute, and use that User Content in connection with the Website, products, customer service, advertising, and marketing, in any media, for the duration of the rights concerned. Where required by law, this licence is subject to your consent and applicable privacy rights.

12.3 Your responsibilities

You represent that you have the rights and permissions necessary to submit the User Content and that it does not violate law or third-party rights. Do not submit content that is false, misleading, defamatory, discriminatory, threatening, obscene, infringing, fraudulent, commercially soliciting, or that contains personal information about another person without appropriate authority.

12.4 Moderation

We may moderate, refuse, remove, or decline to publish User Content that violates these Terms, is unrelated to the product or service, contains unlawful material, or creates security or privacy risks. We will not suppress a genuine review merely because it is negative. Reviews may be identified as verified where our systems support that designation.

12.5 Feedback

Ideas, suggestions, and other feedback may be used without restriction or compensation, provided that any personal information remains subject to our Privacy Policy and applicable law.

13. Intellectual Property

The Website and its content, including trademarks, trade names, product names, logos, designs, text, photographs, videos, software, interfaces, graphics, quizzes, scoring logic, recommendation systems, databases, and compilations, are owned by or licensed to Magniflex and are protected by intellectual property laws.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, scrape, extract, reverse engineer, or commercially exploit the Website or its content without prior written permission, except as allowed by law.

Magniflex, Memoform, Magnistretch, Magnicool, Magnigel, DualCore, and other names, logos, and marks displayed on the Website may be trademarks of Magniflex or their respective owners. No licence to use any mark is granted except as expressly stated.

14. Prohibited Conduct

You must not:

  • use the Website for unlawful, fraudulent, deceptive, abusive, or harmful purposes;
  • interfere with security, authentication, access controls, servers, networks, or normal operation;
  • introduce malware, harmful code, automated traffic, or excessive requests;
  • attempt unauthorized access to accounts, systems, data, or non-public portions of the Website;
  • use bots, scrapers, crawlers, or data-extraction tools except as expressly authorized or allowed by law;
  • impersonate another person or misrepresent your affiliation;
  • circumvent purchase limits, promotion rules, or fraud controls;
  • use Website content, AI outputs, or product data to train or develop competing systems without written permission, except where such restriction is prohibited by law; or
  • infringe intellectual property, privacy, publicity, or other rights.

We may take proportionate measures to protect the Website and users, including restricting access and preserving evidence, subject to applicable law.

15. Third-Party Services and Links

The Website may integrate services or links provided by third parties, including Shopify, payment providers, social login providers, analytics providers, mapping services, carriers, and social media platforms. Third-party services are governed by their own terms and privacy practices. We do not control third-party websites and are not responsible for their independent content or practices, except to the extent required by law or where they act on our behalf.

The availability of a third-party payment or digital service does not constitute an endorsement of every product or service offered by that provider.

16. Website Availability and Changes

We may maintain, update, modify, or temporarily suspend all or part of the Website for operational, security, legal, or technical reasons. We do not guarantee uninterrupted or error-free access. We will not use this section to avoid obligations relating to accepted orders or non-waivable consumer rights.

Features may vary by device, browser, region, or account status. You are responsible for using compatible devices, software, and internet access.

17. Disclaimers

To the maximum extent permitted by applicable law, the Website and its digital features are provided on an “as is” and “as available” basis. We do not warrant that the Website will always be uninterrupted, secure, or error-free, or that automated recommendations will be accurate or suitable for every user.

Product warranties are provided only as stated in the applicable Warranty Policy and as required by law. Nothing in these Terms excludes, restricts, or disclaims legal warranties, conditions, representations, or remedies that cannot lawfully be excluded, including rights under provincial or territorial consumer protection legislation and, where applicable, the Civil Code of Québec and Québec’s Consumer Protection Act.

18. Limitation of Liability

To the maximum extent permitted by law, Magniflex and its directors, officers, employees, affiliates, and service providers will not be liable for indirect, incidental, special, punitive, or consequential loss arising from use of the Website, including loss of data, revenue, or opportunity, where such exclusions are legally permitted.

For claims that may lawfully be limited, our aggregate liability arising from a specific purchase will not exceed the amount you paid for the product giving rise to the claim. This limitation does not apply to liability that cannot be limited or excluded, including liability for fraud, wilful misconduct, gross fault where applicable, personal injury caused by negligence where exclusion is prohibited, statutory product liability, or breach of non-waivable consumer rights.

Some provinces and territories do not permit certain exclusions or limitations. In those jurisdictions, the exclusions and limitations apply only to the greatest extent permitted by law.

19. Indemnification

To the extent permitted by law, you agree to indemnify and hold Magniflex harmless from third-party claims, losses, and reasonable costs arising from your unlawful use of the Website, your material breach of these Terms, or User Content that infringes another person’s rights. This obligation does not apply to the extent a claim results from our own conduct, and it does not limit any statutory consumer right.

20. Canadian Consumer Rights

Consumer protection laws vary by province and territory. Nothing in these Terms is intended to exclude, waive, or reduce a right or remedy that cannot legally be excluded, waived, or reduced. If any provision conflicts with mandatory consumer protection law, the mandatory law prevails and the provision will be interpreted or limited only to the extent necessary.

Depending on your province or territory, you may have rights concerning required pre-contract disclosures, delivery timing, written copies of online agreements, cancellation, chargebacks, statutory warranties, misleading representations, gift cards, and remedies for defective or non-conforming goods.

20.1 Québec consumers

For consumers in Québec, these Terms are subject to the Consumer Protection Act, the Civil Code of Québec, and other mandatory Québec laws. Any provision allowing unilateral merchant cancellation, limiting legal warranties, shifting delivery risk, limiting recourse, or selecting a governing law or forum applies only to the extent permitted by those laws. Where required, the consumer may choose to receive the contract and related documents in French.

20.2 Ontario consumers

For Ontario consumers, applicable provisions of the Consumer Protection Act, 2002 and its regulations govern Internet agreements and other consumer transactions. Contract disclosures, delivery obligations, cancellation rights, and other statutory remedies remain unaffected by these Terms.

21. Governing Law and Disputes

Except where mandatory law provides otherwise, these Terms and your use of the Website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Except where you are entitled by law to bring a claim elsewhere, the courts located in Ontario will have non-exclusive jurisdiction. Consumers may retain the right to bring proceedings in their home province or territory, including Québec, where applicable law grants that right.

Before commencing formal proceedings, you and Magniflex are encouraged to contact one another and attempt in good faith to resolve the dispute. This informal process does not suspend statutory deadlines unless agreed in writing or provided by law.

22. General Provisions

22.1 Entire agreement

These Terms, together with the policies and transaction-specific information incorporated by reference, constitute the agreement concerning use of the Website and the relevant purchase. They do not replace additional written rights or warranties supplied with a product.

22.2 Severability

If any provision is found invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

22.3 No waiver

A failure to enforce a provision is not a waiver of that provision or of the right to enforce it later.

22.4 Assignment

You may not assign your rights or obligations under these Terms without our consent. We may assign these Terms as part of a merger, reorganization, sale of business, or transfer to an affiliate, provided this does not reduce your non-waivable rights or our obligations concerning an accepted order.

22.5 Electronic communications

You agree that order confirmations, disclosures, notices, and other communications may be provided electronically, except where law requires another form. You are responsible for keeping your email address current. Marketing communications are governed by applicable consent requirements and may be unsubscribed from using the method provided.

22.6 Language

The parties have requested that these Terms and related documents be drawn up in English, subject to any right to receive them in French under applicable law. Les parties ont demandé que les présentes conditions et les documents qui s’y rattachent soient rédigés en anglais, sous réserve de tout droit applicable de les recevoir en français.

23. Changes to These Terms

We may update these Terms prospectively to reflect changes to the Website, products, legal requirements, or business practices. The updated version will be posted with a revised effective date. Material changes will be communicated where required by law.

Changes do not retroactively alter an order already accepted unless you expressly agree or the change is required by law. Your continued use of the Website after updated Terms take effect constitutes acceptance only to the extent permitted by law.

24. Contact Information

Questions about these Terms, an order, or the Website may be directed to:

Company

Distribution Magniflex Canada

Address

3220 Dufferin Street, Unit 3, Toronto, Ontario M6A 2T3, Canada

Email

customercare@magniflex.us

Telephone

+1 (786) 233-8805

Effective date: July 14, 2026