Terms & Conditions
Welcome to potterybarnkids.ca, which is operated by Williams-Sonoma Canada, Inc., a subsidiary of Williams-Sonoma, Inc. We are part of the WSI Brands which includes Williams Sonoma®, Pottery Barn®, pottery barn kids®, PBteen® and west elm®.
Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Website, including when you buy something on the Website, and our mobile applications. Your use of our Website or our mobile applications constitutes your agreement to follow these Terms and Conditions and to be bound by them.
THESE TERMS AND CONDITIONS MAY CHANGE
Williams-Sonoma Canada, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. The version of the Terms and Conditions that apply to your use of the Website or the mobile applications are the ones in effect on the date of such use. By using the Website or our mobile applications after we have updated the Terms and Conditions, you are agreeing to those Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website or mobile applications.
You must be at least 13 years old to use the Website or our mobile applications. If you are under the age of majority in your province of residence (a minor), your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Website and our mobile applications with permission from your parent or legal guardian.
SHIPPING AND PROCESSING AND IN-STORE PICK-UP
We encourage you to also review detailed information about our shipping and processing fees. When you are buying something on the Website, we will advise you of the shipping and processing fees before you place your order.
We will charge your payment method when or shortly after we ship your order. If your order includes multiple items, and some items are available before others, we may ship the order in multiple shipments, starting with the in-stock items, followed by the other items as they become available. This will not increase the total amount you pay for shipping, as shown to you at the time that you placed your order. If we ship your order in multiple shipments, we will only charge you for each item as we ship it, but we will charge you the total shipping costs for all items in your order when we ship the first part of your order.
If, for any reason, we determine that we are unable to ship an item on your order to you, we may cancel that part of the order. We will notify you that we have cancelled the order and, if we have charged your payment method shipping charges for that item, we will provide you with a refund.
Some of our stores offer certain in-store pick up options, including paid hold and ship to store services. WE will charge your payment method for these items when your order is placed. We will hold your order in the store for 30 days after we notify you that it is ready for pick-up. After 30 days, we will return your item to the store floor or warehouse, as applicable. If you paid for your item by credit card, we will credit the amount of your purchase back to your credit card. If you paid for your purchase by cash or cheque, we will, at our option, provide you with a cheque or a store credit for the amount of your purchase.
For product returns, please see our Return Policy.
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Website shall be and remain the exclusive property of Williams-Sonoma Canada, Inc. Your submission of any such Comments shall constitute an assignment to Williams-Sonoma Canada, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in and to the Comments. Williams-Sonoma Canada, Inc. will be entitled to publish, use, host, store, reproduce, broadcast, modify, create derivative works (such as translations, adaptations, or other changes we make so that Comments works better with the Website), publicly perform, publicly display, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You are responsible for your use of the Website and mobile applications, and for any use of the Website or mobile applications made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Website or mobile applications, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, defamatory, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, racist, sexist, that promotes hatred against any identifiable person or group of persons, or is otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website or mobile applications;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use or intended operation of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Website;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website or mobile applications;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website or mobile applications; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
THIS WEBSITE AND OUR MOBILE APPLICATIONS, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, OUR MOBILE APPLICATIONS, OR BOTH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE OR OUR MOBILE APPLICATIONS, AS APPLICABLE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT WILLIAMS-SONOMA CANADA, INC. AND ITS AFFILIATES, INCLUDING WILLIAMS-SONOMA, INC., AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR OUR MOBILE APPLICATIONS.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILLIAMS-SONOMA CANADA, INC. AND ITS AFFILIATES, INCLUDING WILLIAMS-SONOMA, INC., MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILLIAMS-SONOMA CANADA, INC. AND ITS AFFILIATES, INCLUDING WILLIAMS-SONOMA, INC., WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY, INCUDING DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF UNAUTHORIZED ACCESS TO OR DISCLOSURE OF ANY PERSONAL INFORMATION AND/OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATIONS; (E) VIRUSES OR OTHER COMPUTER INSTRUCTIONS OR TECHNOLOGICAL MEANS WHOSE PURPOSE IS TO DISRUPT, DAMAGE, OR INTERFERE WITH THE USE OF COMPUTERS OR RELATED SYSTEMS WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE OR MOBILE APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WILLIAMS-SONOMA CANADA, INC. OR ITS AFFILIATES, INCLUDING WILLIAMS-SONOMA, INC., BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFIT, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THE WEBSITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
PRODUCT PRICING INFORMATION
The prices displayed on our Website are quoted in Canadian Dollars. The prices displayed on our Website or the mobile applications may differ from prices that are available in stores, and our pricing may differ from store to store.
Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers are typically for a limited time only and may exclude the availability of other offers.
From time to time there may be information on our Website or in our catalog that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Williams-Sonoma Canada, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, with such changes applying to items in your cart, wish list and/or your order, including after you have submitted the order and received an order confirmation from us. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Williams-Sonoma Canada, Inc. and its affiliates, including Williams-Sonoma, Inc., from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable legal fees and other professional fees) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
You and Williams-Sonoma Canada, Inc. agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Williams-Sonoma Canada, Inc. hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Williams-Sonoma Canada, Inc. relating to these Terms and Conditions or the Website or our mobile applications (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Williams-Sonoma Canada, Inc. will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Williams-Sonoma Canada, Inc. from seeking action by federal, state, local, provincial or territorial government agencies. You and Williams-Sonoma Canada, Inc. also have the right to bring qualifying claims in small claims court. In addition, you and Williams-Sonoma Canada, Inc. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Williams-Sonoma Canada, Inc. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Williams-Sonoma Canada, Inc.’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with Williams-Sonoma Canada, Inc.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WILLIAMS-SONOMA CANADA, INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
All provisions in these Terms and Conditions apply to the maximum extent permitted by law, and unless restricted or prohibited by law. If any provision of these Terms and Conditions is found to be unlawful or unenforceable in any jurisdiction or circumstance, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions, or of that provision in other jurisdictions or circumstances.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
The parties hereto confirm that it is their wish that these Terms and Conditions, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Last Updated: October 2017