Terms Of Use

Last Updated: 8-12-2019

This Website is operated by Crate and Barrel Canada, Inc. (“Crate and Barrel”). All inquiries may be directed to:

Crate and Barrel Canada Inc.,
Customer Service Department
6060 Burnside Dr.
Mississauga, ON, Canada L5T 2T5

Your use of the crateandbarrel.ca and/or cb2.ca websites (collectively, the “Websites”) is governed by these Terms of Use. Your use of the Websites constitutes your agreement to follow these Terms of Use and to be bound by them. If you do not agree with any of these Terms of Use, do not use the Websites.

These Terms of Use May Change

Crate and Barrel reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Websites following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use the Websites.

Use of Website

The Websites are for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Crate and Barrel’s goods and services and/or to otherwise transact business with or contact Crate and Barrel, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Crate and Barrel expressly prohibits third parties from opting out of Crate and Barrel’s services and/or contacts on behalf of a Crate and Barrel customer or other person or entity, without both (a) Crate and Barrel’s full knowledge as to the surrogate action being taken and (b) Crate and Barrel’s express permission. This prohibition is intended to protect the privacy and freedom of Crate and Barrel’s customers and the personal relationship Crate and Barrel works to develop with its customers and others authorized to use the Websites.

You may not interfere with the security of, or otherwise abuse the Websites or any system resources, services or networks connected to or accessible through the Websites. You may only use the Websites for lawful purposes.

Jurisdiction and Age

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such age limit, you may not enter into this agreement or use the Websites (or any of related services).

Privacy

At Crate and Barrel, we are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe how we collect, use and disclose the personal information of those individuals who visit the Websites. Please see our Privacy Policy for further details.

Copyright Notice

All of the content you see on the Websites, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Crate and Barrel and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Crate and Barrel, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Crate and Barrel. The entire Content of the Websites is copyrighted as a collective work under Canadian, U.S. and other applicable copyright laws, and Crate and Barrel owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Websites, and the Websites as a whole, are intended solely for the personal and non-commercial use of the users of our Websites. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Crate and Barrel. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Crate and Barrel reserves complete title and full intellectual property rights in any Content you download from the Websites. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Crate and Barrel.

Notice of Copyright Infringement

We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of the Websites has infringed your copyright. Pursuant to Section 512 of the US Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit Crate and Barrel to locate the material on our websites and apps;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites and apps without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA, or to the appropriate Canadian authority, if applicable.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of Illinois (or the Courts of the Province of Ontario, Canada, as applicable), and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please send all notices under the above copyright infringement policies to Crate and Barrel’s agent for receipt of notifications of claimed infringement:

Crate and Barrel
Attn: Agent for Copyright Notice/General Counsel
1250 Techny Road
Northbrook, Illinois 60062
Email: agentforcopyrightnotice@crateandbarrel.com
Phone: (847) 272-2888

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.

Repeat Infringers

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Submissions

We welcome your comments regarding the Websites. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the Websites shall be and remain the exclusive property of Crate and Barrel. Your submission of any such Comments shall constitute an assignment to Crate and Barrel of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Crate and Barrel will be entitled to use, reproduce, disclose, publish 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 promise that:

  • you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
  • your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments for any reason. We may remove Comments from the Websites for any reason.

Gift Messages

Gift message services available to our customers are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in gift messages include, but are not limited to:

  • The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or Crate and Barrel rule or policy.
  • The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • The impersonation of any person or entity in any part of a gift message.
  • The transmission of any content that would violate the intellectual property rights of any other person or entity.

Crate and Barrel reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other Crate and Barrel customers, or to any other person or entity.

Colors

We have done our best to display as accurately as possible the colors of the products shown on the Websites. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Product Information

Most products displayed on the Websites are available in select Crate and Barrel stores. In some cases, merchandise displayed for sale on the Websites may not be available at Crate and Barrel stores.

Pricing

The prices displayed on the Websites are quoted in Canadian Dollars and are valid and effective only in Canada. Additional shipping and other charges may apply for orders outside of Canada, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on the Websites at the time of your order. Product availability and prices are subject to change. Crate and Barrel reserves the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). 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.

Disclaimer

THE WEBSITES AND ALL CONTENT AVAILABLE ON THE WEBSITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR 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 THE WEBSITES THAT YOUR USE IS AT YOUR SOLE RISK AND THAT CRATE AND BARREL AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITES.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRATE AND BARREL AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE ACCURACY, TIMELINESS OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITES OR THE CONTENT OF ANY WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRATE AND BARREL AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO, USE OF OR RELIANCE UPON THE WEBSITES OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITES OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITES; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRATE AND BARREL OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITES HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, TORT OR OTHER 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.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Crate and Barrel and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Websites, including, without limitation, your use of the Websites in violation of these Terms of Use.

Applicable law

The Websites are controlled, operated and administered by Crate and Barrel from within the Province of Ontario, Canada. This Websites can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Websites, you acknowledge and agree that all matters relating to access to or use of the Websites shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.

Other Provisions

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.

If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Text Messaging Terms and Conditions

By participating in the Crate and Barrel text messaging service, you are agreeing to these terms and conditions and to the Crate and Barrel online Terms of Use and Privacy Policy.

Crate and Barrel offers our customers mobile alerts about in-store pick up of online orders by SMS message (the “Service”)..

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions (the “Terms”). Please only provide your own mobile phone number. You may not enroll if you are under 18 years old. Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. Note that in affirming this message, you acknowledge that notices about your order will be sent to the number you provide and whoever has access to that mobile phone or the carrier account may be able to see this information.

Messages You May Receive

Once you affirm your choice to opt in to the Service, you will receive the following alerts for your online order for in-store pick up. You will receive up to SIX alerts per order. You will receive an alert each time an item or items are ready for pick up; you will receive an alert when the order is complete and ready for pick up; and you will receive a reminder to pick up your order if not yet picked up after three days. You will also receive email alerts as the order is processed at the email address you provide at the time of your order.

Message and Data Rates May Apply

Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. The Service may not be available on all wireless carriers. Crate and Barrel may add or remove any wireless carrier from the Service at any time without notice. Customers may opt out of the Service at any time (see details below). Crate and Barrel is not responsible for any undue delays or errors in messages. We do our best to be accurate and to process the orders on time.

To Stop the Service

To stop receiving text messages from Crate and Barrel at any time, you can opt out of the Service via text message. To stop receiving text messages from Crate and Barrel, text the word STOP to 84136 or text STOP in a reply text message to any of the text messages you have received from Crate and Barrel. In response, you will receive a one-time opt out confirmation text message. After that, you will receive no more text messages from Crate and Barrel. If your order is not yet complete at the time of opt out, emails will be sent to notify you that items are ready for pick up at the email address you provided at the time of your order.

Questions

You can text HELP for help at anytime. This will provide you a link to our terms and conditions along with a phone number to call for assistance. You can contact us at 888-780-5873 Canadian Crate and Barrel or 888-780-5928 Canadian CB2. We can answer any questions about the Service and your order. Crate and Barrel reserves the right to discontinue the Service at any time without notice.

Supported Carriers

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers.

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS. PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THESE TERMS.