Terms Of Use
Last Updated: April 21, 2026
These Terms of Use ("Terms of Use," "Terms," or "Agreement") apply to crateandbarrel.com and the Crate & Barrel mobile app, as well as the websites and mobile apps of our affiliated brands, including Crate & Kids, CB2, and Hudson Grace (collectively, the “Website”). This Website is operated by Euromarket Designs, Inc. d/b/a Crate & Barrel, Crate & Kids, CB2, and Hudson Grace (“Crate & Barrel,” “we,” or “us”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF MOST POTENTIAL LEGAL DISPUTES BETWEEN YOU AND CRATE & BARREL AND WAIVING ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND ANY RIGHT TO A JURY TRIAL. Your access and use of this Website, among other things, are governed by these Terms of Use. All references to “using” or “use” of the Website in these terms include accessing, visiting, or interacting with the Website in any way. By using the Website, you are agreeing to 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 Website.
You may not use or enroll in or purchase any products, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with Crate & Barrel. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind.
All inquiries may be directed to:
Crate and Barrel
Internet Customer Service Department
1860 West Jefferson Avenue
Naperville, IL 60540
Privacy
Please review our Privacy Policy, which is expressly incorporated by reference and also governs your use of the Website, to understand our privacy-related practices.
DISPUTE RESOLUTION POLICY: INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER & JURY TRIAL WAIVER
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING CUSTOMER SERVICE AT (800) 967-6696. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, YOU AND WE AGREE TO RESOLVE DISPUTES (DEFINED BELOW) CONSISTENT WITH THE PROVISIONS OF THIS DISPUTE RESOLUTION POLICY, INCLUDING THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE REVIEW THESE PROVISIONS CAREFULLY. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Arbitration Agreement
- (a) Arbitration. This arbitration agreement is intended to be interpreted broadly to the fullest extent permitted by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Any dispute or claim arising out of or relating to these Terms of Use, your use of the Website, your purchases of any products, or your relationship with us or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute") will be resolved through binding individual arbitration, except that either you or we may bring or take a Dispute to small claims court so long as it proceeds on an individual basis and isn't removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. Dispute shall include, but not be limited to: (i) any dispute or claim that arose before the existence of these or any prior Terms of Use (including, but not limited to, claims relating to advertising) and (ii) any dispute or claim that may arise after termination of these Terms of Use. Dispute, however, does not include disagreements or claims concerning the unauthorized use or violation of intellectual property rights (patents, copyrights, trademarks, and trade secrets). The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in these Terms of Use; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution Policy; and (iii) issues that relate to the arbitrability of any Dispute. You and Crate & Barrel agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the FAA and federal arbitration law (and not state arbitration law).
- (b) Mandatory Informal Dispute Resolution Process. You and Crate & Barrel agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information ("Notice"): (i) information sufficient to identify any transaction and account at issue; (ii) contact information (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute and the relief sought, including a good faith calculation for it. The Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this Notice by first class mail (or a similar alternative) to us at: Legal Department, 1250 Techny Road, Northbrook, IL, 60002 ("Notice Address"). If we have a Dispute with you, we will send this Notice to the most recent contact information we have on file for you. For a period of 60 days from receipt of a Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Crate & Barrel representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to initiating a claim in arbitration. If the sufficiency of a Notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a Notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.
- (c) Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the then-current rules of JAMS, including the JAMS Streamlined Arbitration Rules and Procedures and any Mass Arbitration Procedures and Guidelines applicable to the Dispute, as modified by this arbitration agreement. JAMS shall make the determination, as warranted, as to whether a Dispute shall be administered as a consumer or commercial arbitration and may request information from you and Crate & Barrel to make the appropriate determination. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the arbitration agreement, and the parties cannot agree on an alternative provider that will do so, then the parties may jointly petition a court of competent jurisdiction to appoint an administrator or an arbitrator that will do so. The JAMS rules are available at https://www.jamsadr.com/adr-rules-procedures/. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Crate & Barrel representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms of Use as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. An award shall have no preclusive effect in any other arbitration or proceeding involving non-identical parties.
- (d) Costs of Arbitration. Payment of arbitration fees will be governed by the JAMS Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with JAMS regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
- (e) Additional Procedures for Mass Arbitration (Batch Arbitration). You and we agree to abide by this Batch Arbitration provision in the event that: (i) there are 25 or more individual arbitration demands of substantially similar nature filed by us against you and other customers or by you and others against us and (ii) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You understand and agree that by choosing to participate in a mass arbitration, the resolution of your Dispute might be delayed. If this Batch Arbitration provision is triggered, then JAMS shall:
- administer the arbitration demands in batches of up to 100 demands in any batch (the precise number to be determined by a JAMS procedural arbitrator; in deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands);
- appoint a single, different arbitrator for each batch unless counsel for the parties agree otherwise; and
- provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, and in-person or video hearings (if any) in a format to be determined by the arbitrator that shall be convenient for the parties.
- You and we agree that if the Dispute is subject to this Batch Arbitration process, you and a Company representative will personally appear at any pre-haring case management conferences and any hearing (with counsel, if you and we are represented);
- You and we (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and we (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes, including through participating in global mediation as appropriate;
- You and we agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible or in a staged process to be determined by a JAMS Process Administrator to ensure that arbitration remains efficient and cost-effective for the parties, and that if your claim is delayed, any applicable limitations periods (including any statutes of limitations) are tolled from the date of filing with JAMS consistent with the above until your Dispute is adjudicated, resolved, or withdrawn;
- Arbitrators appointed pursuant to this Batch Arbitration provision shall issue a separate award for each claimant involved in a batch proceeding; and
- This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
- (f) Opt Out of Future Changes. If we make any future changes to this arbitration agreement (other than a change to our Notice Address), you may reject any such change by sending your personally signed, written notice containing, along with a statement that you wish to opt out of the changes to the arbitration agreement, to our Notice Address by first class mail (or a comparable alternative) within 30 days of the change. Such notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Crate & Barrel in accordance with this version of the arbitration agreement.
- (g) Optional Appeal. You and Crate & Barrel agree that the JAMS Optional Appeal Procedures shall apply should there be an award of greater than $100,000, which can be in a single arbitration or the cumulative amount of awards in any one batch arbitration above and can include the costs attributable to any injunctive relief.
Class Action Waiver; Jury Trial Waiver
YOU AND CRATE & BARREL AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
Governing Law; Jurisdiction
Except with respect to the arbitration agreement, which is governed by the FAA and federal arbitration law, these Terms of Use and your use of the Website are governed by the laws of the state of Illinois, without regard to Illinois choice of law rules.
Unless you and Crate & Barrel agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts that encompass Cook County, Illinois shall have exclusive jurisdiction over any disputes (except for matters brought in small claims court) that are not subject to arbitration, or over any action that seeks to enforce or challenge the enforceability of the arbitration agreement or other provisions of these Terms of Use. You and Crate & Barrel consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts because of (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
Copyright Notice
All of the content you see on the Website, including, without limitation, page headers, images, illustrations, graphics, audio clips, video clips, and text (the “Content”) is the exclusive property of Crate & Barrel or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Crate & Barrel, its affiliates or third parties who have licensed or assigned their rights, interests and/or materials to Crate & Barrel. The Website is copyright protected as a collective work under U.S. and other applicable copyright laws, and Crate & Barrel owns a copyright in the selection, coordination, arrangement and enhancement of the Website and Content. The Content and the Website are intended solely for the personal and non-commercial use of the users of our Website. You may download, print and store copies of the Website, 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 & 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 & Barrel reserves complete title and full intellectual property rights in any Content you download from this Website. Crate & Barrel reserves all other rights not expressly granted above, and any other use requires Crate & Barrel’s express written permission.
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 our Website has infringed your copyright. Pursuant to Section 512 of the 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 & 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 email 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.
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:
- 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;
- 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, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person; and
- Your physical or electronic signature.
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 & Barrel’s agent for receipt of notifications of claimed infringement:
Crate & Barrel
Attn: Agent for Copyright Notice
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.
Interactive Services (Chatbot, Managed Chat, Live Showroom, Etc.) Consent and Disclaimers
This Website may provide interactive services, including chatbot, managed chat, and Live Showroom functionality with an option to chat. You agree that we may transcribe or record and retain a transcript of all communications with you via these interactive tools, and/or may record or recreate your activity while using the Website, in order to provide services, enhance your Website experience, and for quality and verification purposes. We may work with trusted service providers to analyze, store, and/or use this data on our behalf. Your use or access of any of these tools or of our Website is governed by this section, these Terms of Use, and our Privacy Policy.
Submissions
We welcome your comments regarding the Website and our products. If you do provide comments, feedback, notes, messages, ideas, suggestions, product reviews, or other communications (collectively, “Comments”) sent to us via the Website or any other way, you grant Crate & Barrel worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Crate & Barrel will be able 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 and we may remove Comments from the Website for any reason.
Product Descriptions
We have done our best to display as accurately as possible the colors, measurements, dimensions, and descriptions of the products shown on the Website. These are approximations to assist you in reviewing products, may not be exact, and are subject to change. For example, the colors you see might depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate. If you are unhappy with your product, please see Crate & Barrel’s Returns/Exchanges FAQs.
Gift Messages
We reserve the right to restrict or remove any content from a gift messages that we determine, in our sole discretion, is inappropriate, obscene, profane, or threatening, this includes, but is not limited to, content that:
- Violates or could violate any applicable law, regulation, or Crate & Barrel rule or policy;
- Is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable or harmful;
- Impersonates any person or entity in any part of a gift message; or
- Violates the intellectual property rights of any other person or entity.
Pricing
The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges before we finalize and ship your order. While we do our best to assure that the taxes quoted for a particular order are accurate for the location where the order is being shipped, if an inaccurate quote is provided, we will notify you before finalizing and shipping your order.
You will be responsible for all applicable taxes, regardless of the amount quoted on the Website at the time of your order. Product availability and prices are subject to change.
Crate & 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). For more information about how our products are priced, including sales and clearance items, please contact Customer Service. 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.
Quantity Limits & Resellers
To ensure all of our customers have access to our products, we reserve the right to limit the quantity of items purchased per person, account, household, or order.
Crate & Barrel and Crate&kids prohibit purchases of any merchandise by resellers or for the purpose of reselling.
Disclaimer
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES 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 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 THAT YOUR USE IS AT YOUR SOLE RISK AND THAT CRATE & BARREL AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRATE & BARREL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRATE & 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 OR USE OF THE WEBSITE; (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 WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; 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.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRATE & BARREL OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CRATE & BARREL AGREE THAT NOTICE OF ANY DISPUTE OR CLAIM MUST BE PROVIDED TO THE OTHER PARTY WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
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 & 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 Website, including, without limitation, your use of the Website in violation of these Terms of Use.
Marketing Text Messaging
Crate & Barrel offers our customers mobile marketing messages. See terms of use for this service by clicking here. By participating in the Crate & Barrel marketing text messaging service, you are agreeing to these terms and conditions and to the Crate & Barrel online Terms of Use and Privacy Policy.
Customer Service Text Messaging
Crate & Barrel offers our customers mobile alerts about in-store pick up of online orders by SMS message, including text messages that may be sent using an automatic telephone dialing system (the “Service”). By participating in the Service, you are agreeing to terms and conditions in this section and to the broader Crate & Barrel online Terms of Use and Privacy Policy.
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 related to the Service (the “Mobile Service 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 Mobile Service 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 alerts for your online delivery and in-store pick up orders. For example, you may receive a notification for the following reasons: an item has shipped, is available to schedule in-home delivery or in-store or warehouse pickup, or has been delivered; an in-home delivery or warehouse pickup date has been scheduled; or a reminder to pick up the order. You will also receive email alerts to the email address you provide at the time of your order regarding order confirmation and status.
Message and Data Rates May Apply
You acknowledge that you are responsible for any message, data or other charges incurred from your wireless carrier (e.g., usage, subscription, etc.) as a result of using the Service. The Service may not be available on all wireless carriers. Crate & 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 & 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 & Barrel, text the word STOP to 84136 or text STOP in reply to any of the text messages you have received from Crate & 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 & Barrel unless you subsequently opt in. 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 any time. 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 (800) 967-6696. We can answer any questions about the Service and your order. Crate & Barrel reserves the right to discontinue the Service at any time without notice.
PLEASE PRINT A COPY OF THESE MOBILE SERVICE TERMS FOR YOUR RECORDS. PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THESE MOBILE SERVICE TERMS.
Other Provisions
To the extent it may proceed in court, any action relating to the use of the Website, catalogs or any transaction with Crate & Barrel must be brought in the state or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or 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.
Except as specifically provided in these Terms of Use, 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.
Links to Third Party Websites
Occasionally, we may make available a link or link equivalent (e.g., using an Instagram “Embed Code”) to a third party’s website. Clicking these links may result in leaving this Website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.
These Terms of Use May Change
Crate & Barrel reserves the right to make changes, update or modify these Terms of Use, our Website, other policies, including our Privacy Policy at any time without prior notice. All changes are effective immediately, and if you continue to use this Website, you will be accepting the revised Terms of Use. For this reason, we encourage you to review these Terms of Use each time you use this Website.