Terms + Conditions
Welcome to Pottery Barn Kids
Welcome to www.potterybarnkids.co.uk (“Web Site”), which is owned and operated by Williams–Sonoma UK Limited (“Williams–Sonoma”, "we" and "us"). Williams–Sonoma is limited a company registered in England and Wales under company number 6046235 and with our registered office at 280 Bishopsgate, London, United Kingdom, EC2M 4AG c/o Company Secretarial Department. Our VAT number is 150407447. We are a subsidiary of Williams–Sonoma, Inc. and are part of the Williams–Sonoma, Inc. Brands which includes west elm®, Williams–Sonoma®, Pottery Barn® and pottery barn kids®.
This page sets out the terms and conditions that may apply to your use of the Website and any purchases you make via the Website. It consists of:
- Website Terms and Conditions of Use ("Website Ts &Cs") — these terms govern your access and use of the Website;
- Sale Ts &Cs ("Sale Ts &Cs") — these apply to all purchases made via the Website, except to the extent that they are varied or dis–applied by the Additional Sale Ts &Cs; and
- Additional Sale Ts &Cs ("Additional Sales Ts &Cs") — these apply when you purchase certain products via our Website. They apply in addition to or instead of the Sale Ts &Cs.
If you have a problem with a product or service you bought online on www.potterybarnkids.co.uk, you may contact our customer support team by calling 0808 234 0445 or sending us an email customerservice@potterybarnkids.co.uk, or you can submit your complaint via the Online Dispute Resolution Platform of the European Commission via the following address http://ec.europa.eu/odr which may allow out–of–court dispute settlement.
Website Terms And Conditions Of Use ("Website Ts &Cs")
- 1) Acceptance of Terms
Your access to and use of the Website is subject to these Website Ts &Cs. Please read these Website Ts &Cs carefully. By using this Website you are confirming that you have read, understood and accepted to be bound by these Website Ts &Cs and our Privacy and Data Protection Policy.
Williams–Sonoma reserves the right to update or modify these Website Ts &Cs at any time without prior notice by posting updated Website Ts &Cs on the Website. Please ensure that you review the current Website Ts &Cs each time you use our Website. Your continued use of the Website constitutes your acceptance of the practices described in the revised Website Ts &Cs.
- 2) Provision of the Website
- 2.1) We agree to provide the Website using reasonable skill and care, but do not warrant that it or any of its functionality will be continuously available and shall not be liable in any way for any losses, costs, expenses, damages or liabilities arising as a result of its being unavailable.
- 2.2) We reserve the right to:
- 2.2.1) modify or withdraw the Website (temporarily or permanently) without prior notice;
- 2.2.2) modify these Website Ts &Cs, the Privacy and Data Protection Policy, the Sales Ts &Cs and/or the Additional Sales Ts &Cs without prior notice; and
- 2.2.3) withdraw your access to this Website for any reason without prior notice.
- 2.3) The content on this Website is directed solely at users using the Website from within the UK and who intend to use any products purchased via the Website in the UK. We make no representation as to the suitability of any product described on this Website for use in locations outside of the UK.
- 2.4) We take all reasonable care to ensure that all Product descriptions and prices that are featured on this Website are correct and up to date as possible, but disclaim all warranties as to the Website's accuracy, either expressed or implied. We reserve the right to make changes to our Website and to update Product information at any time without prior notice and without any liability.
- 2.5) We cannot be held responsible for inaccuracies in the display of information on the Website which arise as a result of limitations of the technology you use to view it.
- 3) Your Use of Our Website
- 3.1) Access
- 3.1.1) You are permitted to access this Website in accordance with these Website Ts &Cs and our Privacy and Data Protection Policy.
- 3.1.2) Any orders placed by you via this Website shall in addition be governed by our Sale Ts &Cs and any applicable Additional Sale Ts &Cs.
- 3.2) Registration
- 3.2.1) You warrant and undertake:
- 3.2.1.1) that all the personal information that You provide to us when you register as a customer with us shall at all times be true and accurate;
- 3.2.1.2) that you will notify us immediately of any changes to your personal information by updating Your records in your "My Account" page or by contact our customer support team by calling 0808 234 0445 or sending us an email customerservice@potterybarnkids.co.uk; and
- 3.2.1.3) that You will keep any registration and account details secure and confidential.
- 3.3) User Conduct
- 3.3.1) You shall not use this Website in any unlawful manner, or any manner which may otherwise cause damage or distress to this Website, Williams–Sonoma or any other party.
- 3.3.2) You shall use this Website only in accordance with all applicable laws and regulations, these Website Ts &Cs and (where applicable) the terms of our Sale Ts &Cs and any applicable Additional Sale Ts &Cs.
- 3.4) Indemnity
- 3.4.1) You indemnify us and keep us indemnified in full against all liability, costs, claims, damages and expenses incurred by or awarded against us that arise directly or indirectly as a result of your failure to comply with these Website Ts &Cs.
- 4) Online Sales and Orders
- 4.1) Our Website is intended for use by customers who are over the age of 16 and whose shipping address is in the UK (excluding Eire). We are unable to ship to addresses outside of the UK (exc. Eire).
- 4.2) All purchases made via the Website are subject to our Sale Ts &Cs.
- 4.3) If you order certain products via this Website, Additional Sale Ts &Cs will apply in addition to the Sale Ts &Cs. Additional Sale Ts &Cs apply to purchases of the following:
- Furniture.
When you order any of these products you must read the Additional Sale Ts &Cs that apply to that product. By placing an order for that product through the Website, you confirm that you have read, understood and agree to the Sale Ts &Cs and the applicable Additional Sale Ts &Cs.
If there is any conflict between the Additional Sale Ts &Cs and our Sale Ts &Cs, the terms of the Additional Sale Ts &Cs shall prevail to the extent of the conflict.
- 4.4) We take all reasonable care to ensure that all product descriptions and prices that are featured on this Website are correct and up to date as possible, but do not guarantee the accuracy of such information or the availability of products. Please see our Sale Ts &Cs for further information.
- 4.5) We do not guarantee that any product advertised on our Website will be available in our stores, or that prices quoted on the Website will match those in our stores.
- 5) Hyperlinks to other Websites
- 5.1) Any links on our Website to websites, "apps" and social media (including Facebook and Twitter) operated and maintained by third parties are provided for convenience only. Such websites are not endorsed or recommended by us and are used at your own risk. We shall not be held liable to you or any third party for any loss, costs, expense, damage or liability of any kind which may arise from your use of such third party websites, "apps" or social media.
- 6) Disclaimers
- 6.1) This Website and all content available on this Website are provided on an “as is” basis without any warranty or guarantee, whether express or implied, except as required by law. Except as set out expressly in these Website Ts &Cs, the Sale Ts &Cs, any applicable Additional Sale Ts &Cs or the Privacy and Data Protection Policy, all warranties, representations, conditions, guarantees and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded. This does not affect your statutory rights as a consumer, nor your cancellation rights set out in the Sale Ts &Cs or Additional Sale Ts &Cs (as applicable).
- 6.2) Williams–Sonoma gives no warranty that the function of this Website will be uninterrupted or error–free, or that the Website or the servers used to provide or access it will be free of viruses, Trojan horses, worms, software bombs or similar harmful items. Your use of this Website is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website. Williams–Sonoma shall not be liable to you or any other party for any losses, costs, expenses, damages, claims or proceedings of any kind related to your use of this Website.
- 6.3) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- 6.3.1) use of, or inability to use, our Website; or
- 6.3.2) use of or reliance on any content displayed on our Website.
- 6.4) Limitations and exclusions of liability that are different to those described above will apply to liability arising as a result of the supply of any products by us to you. These are set out in the Sale Ts &Cs or Additional Sale Ts &Cs (as applicable).
- 6.5) Nothing in these Website Ts &Cs limits or excludes our liability for death or personal injury resulting from our negligence, or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
- 7) Data and Intellectual Property
- 7.1) All of the content on this Website (including, without limitation, Website design, graphics, text, software and source code) is owned by Williams–Sonoma or third parties, and is protected by UK and international copyright, trade mark and other intellectual property rights or licenses held by Williams–Sonoma or those third parties.
- 7.2) Your use of the trademarks and copyrighted material displayed on this Website is strictly prohibited, save that you may download, print and store selected portions of the content, provided that you:
- 7.2.1) only use these copies of the content for your own personal, non–commercial use;
- 7.2.2) do not copy or post the content on any network computer or communicate the content in any media, and
- 7.2.3) do not modify or alter the content in any way.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Williams–Sonoma reserves complete title and full intellectual property rights in any content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, commercially exploit or create derivative works from the content.
- 8) General
- 8.1) Governing Law
- 8.1.1) These Website Ts &Cs shall be governed and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Website Ts &Cs.
- 8.2) Severability
- 8.2.1) Each provision of these Website Ts &Cs is severable if any part of them shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Website Ts &Cs and shall not affect the validity and enforceability of any of the remaining provisions of them.
- 8.3) Third party rights
- 8.3.1) No person who is not a party to any contract between You and us shall be allowed to rely on or enforce any term of any such contract. The Contracts (Rights Of Third Parties) Act 1999 is expressly excluded.
- 8.4) Waiver
- 8.4.1) No waiver by us of any breach of these Website Ts &Cs shall be construed as a waiver of any earlier or later breach of these Website Ts &Cs.
- 8.5) Force Majeure
- 8.5.1) We shall not be under any liability to you in the event of our failure, delay or default in carrying out all or any of our obligations under these Website Ts &Cs due in whole or in part to any Act of God, war, riot, civil disturbance, labour disturbance, terrorism, fire, storm or flood; legislation, restriction, regulation, bye–law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; import or export regulation or embargo; strike, industrial dispute, or lockout; explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery; or; any other cause beyond our reasonable control.
- 8.6) Entire agreement
- 8.6.1) These Website Ts &Cs, the Privacy and Data Protection Policy and (where applicable) the Sale Ts &Cs and any applicable Additional Sale Ts &Cs constitute the entire agreement between you and us in respect of your use of the Website and you warrant that you have not relied on any statement, representation, assurance, promise or warranty of any person save as provided in these Website Ts &Cs.
- 8.6.2) Your statutory rights are not affected by these Website Ts &Cs.
Contact us
If you have any queries in respect of these Website Ts &Cs or our Website, please contact our customer support team by calling 0800 404 9780 or sending us an email at customerservice@potterybarnkids.co.uk.
Terms And Conditions Of Sale ("Sale Ts &Cs")
These Sale Ts&Cs apply when you purchase any products from us via this Website or otherwise use this Website or any of our services. Depending on the product(s) ordered, Additional Sale Ts&Cs may also apply. Please read these Sale Ts&Cs and any applicable Additional Sale Ts&Cs carefully before ordering any products via our Website — by placing an order you are confirming that you have read, understood and agree to be bound by them ("Contract" or “T&Cs”). When you place an order you should print a copy of these Sale Ts&Cs and any applicable Additional Sale Ts&Cs for future reference.
Williams–Sonoma reserves the right to update or modify these Sale Ts&Cs and the Additional Sale Ts&Cs at any time without prior notice by posting updated versions on the Website. Every time you wish to order products via this Website, please check them to ensure you understand the terms which will apply at that time.
If you have a problem with a product or service you bought online on www.potterybarnkids.co.uk, you may contact our customer support team by calling 0808 234 0445 or sending us an email customerservice@potterybarnkids.co.uk, or you can submit your complaint via the Online Dispute Resolution Platform of the European Commission via the following address http://ec.europa.eu/odr which may allow out–of–court dispute settlement.
The Sale Ts &Cs, Additional Sale Ts &Cs and any Contract that is between us, are only in the English language.
- 1) Our Products
- 1.2) The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- 1.3) The packaging of the Products may vary from that shown on images on our Website.
- 1.4) All Products shown on our Website are subject to availability.
- 2) If you are a consumer
- 1.1) We take all reasonable care to ensure that all Product descriptions and prices that are featured on this Website are correct and up to date as possible, but do not guarantee the accuracy of such information until your order is accepted in accordance with these Sale Ts&Cs or Additional Sale Ts&Cs (as applicable).
This clause 2 only applies if you are a consumer.
- 2.1) If you are a consumer, you may only purchase products from our Website if you are at least 16 years old.
- 2.2) As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Sale Ts&Cs will affect these legal rights.
- 3) If you are a business customer
This clause 3 only applies if you are a business.
- 3.1) If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase products.
- 3.2) These Sale Ts&Cs, any applicable Additional Sale Ts&Cs, our Website Ts&Cs and our Privacy and Data Protection Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in one of these documents.
- 4) Additional Sale Ts &Cs
- 4.1) All product sales and orders conducted via the Website are subject to our Sale Ts &Cs.
- 4.2) If you order certain Products via this Website, Additional Sale Ts &Cs will apply in addition to the Sale Ts &Cs. Additional Sale Ts &Cs apply to the following Products:
- Furniture.
When you order any of these products you must read the Additional Sale Ts&Cs that apply to that product. By placing an order for that product through the Website, you confirm that you have read, understood and agree to the Sale Ts&Cs and the applicable Additional Sale Ts&Cs.p>
If there is any conflict between the Additional Sale Ts&Cs and our Sale Ts&Cs, the terms of the Additional Sale Ts&Cs shall prevail to the extent of the conflict.
- 5) Our right to vary these Sale Ts &Cs and the Additional Sale Ts &Cs
- 5.1) We may revise these Sale Ts &Cs and the Additional Sale Ts &Cs from time to time.
- 5.2) Every time you order Products from us, the Sale Ts &Cs and any applicable Additional Sale Ts &Cs in force at that time will apply to the Contract between you and us.
- 5.3) We will inform you when we revise these Sale Ts &Cs or the Additional Sale Ts &Cs by posting the revised versions on the Website.
- 6) How the Contract is formed between you and us
- 6.1) When you place an order you will be asked to confirm (by ticking a box) that you have read understood and agree to be bound by our Sales Ts&Cs and any applicable Additional Sale Ts&Cs. Please read these carefully before ticking the box..
- 6.2) After you place an order, you will receive an e–mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted or that a Contract exists between us. Our acceptance of your order will take place as described in clause 6.3 below.
- 6.3) We will confirm our acceptance of your order by sending you an e–mail that confirms that the product(s) you have ordered have been accepted or shipped (the "Confirmation"). The Confirmation may require you to complete payment before we ship your product(s). If we ship your order after sending you the Confirmation, you will receive further shipping details; otherwise, the shipping details will be in the Confirmation. The Contract between us will only be formed when we send you the Confirmation.
- 6.4) If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our Website as referred to in clause 11, we will inform you of this by e–mail and we will not process your order.
- 6.5) By entering into an order, you represent and warrant that you have the legal capacity to enter into these Ts&Cs. You further represents that your ability to perform fully your obligations under these T&Cs will not be affected by Brexit.
- 7) Delivery
- 7.1) Your order will be fulfilled by the estimated delivery date set out in the Confirmation or subsequent email with shipping details, unless there is an Event Outside Our Control (as defined in clause 17 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- 7.2) Delivery will be completed when we deliver the products to the address you gave us. We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete.
- 7.3) If no one is available at your address to take delivery for your parcel item(s), we will leave you a note that provides an estimated re–delivery date and time and a number to call if you would instead like to pick your item(s) up at the nearest UPS pickup location. We will reattempt delivery up to 3 times. If unsuccessful, we will return the item(s) to our facility, in which case, please contact us by calling our Customer Services telephone line on 0808 234 0445 to rearrange delivery. Please note that if following our initial 3 delivery attempts we need to return your item(s) to our facility and/or re–deliver them to you.
- 7.4) If the item(s) you purchase is Home Delivery or Home Delivery ∓ Assembly, they will be shipped to you via our logistics partner Wincanton (further information about which can be found in our Shipping Information) instead of our usual delivery service described at clause 7.3 above. When your order is ready for dispatch, you will receive an SMS and/or email with a hyperlink to Wincanton's self-service portal where you can book / review / amend your delivery date. Two days before your scheduled appointment date, we will provide you with a two–hour time window for arrival of your delivery. If no one is available at your address to take the delivery upon arrival, we will attempt to call you to inform you of our arrival and to ask you to attend to take delivery of the item(s). If we are unable to contact you, or you are unable to attend to take delivery within an hour of our call we return the item(s) to our facility, in which case please contact us by calling our Customer Services telephone line on 0808 234 0445 to rearrange delivery. Please note that if we need to return your item(s) to our facility and re–deliver them to you, you will incur further delivery charges. To check relevant delivery charges, please refer to our Shipping Information.
- 7.5) The products will be your responsibility from the completion of delivery.
- 7.6) You own the products once we have shipped your product or once you have picked up your product in store (for participating locations only). Once a product has been received by you all risk of damage to, or loss of, the product shall pass to you.
- 8) No international delivery
- 8.1) Our Website is intended for use by customers whose shipping address is in the UK (excluding Eire). We are unable to ship to addresses outside of the UK. For the avoidance of doubt, we are unable to ship to addresses in Eire.
- 8.2) You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK..
- 8.3) We reserve the right to cancel your order should your shipping address not be in the UK.
- 9) Gift messages
- 9.1) Gift wrapping is available at an extra charge at checkout.
- 9.2) Any gift wrapping is excluded from your right to a refund under the Sale Ts &Cs and our Return Policy.
- 10) Gift wrapping
- 10.1) If you ask us to include a gift message with any product ordered through the Website we will use our best efforts to include the message accurately with the product, but we cannot accept any liability for any inaccuracies in the message or any failure to enclose the message with the Product.
- 10.2) Any gift message that you ask us to include with a Product shall not be defamatory, racist, explicit or otherwise offensive. We reserve the right to decline to include any such message in our deliveries.
- 11) Price of products and delivery charges
- 11.1) The prices of the products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of product(s) you ordered, please see clause 11.5 for what happens in this event.
- 11.2) Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.
- 11.3) The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
- 11.4) The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website from time to time. To check relevant delivery charges, please refer to our Shipping Information.
- 11.5) Our site contains a large number of products. It is always possible that, despite our best efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
- 12) How to pay
- 12.1) You can only pay for products using a debit card, credit card or gift card. We accept the following cards: Visa, Mastercard, American Express and Diners Club International.
- 12.2) Payment for the products and all applicable delivery charges due upon the date specified in the Confirmation.
- 13) Returns and refunds
- 13.1) Please see our Return Policy for further information about returns and refunds.
- 14) Manufacturer guarantees
- 14.1) Some of the products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the products.
- 14.2) If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- 15) Our liability if you are a business
This clause 15 only applies if you are a business customer.
- 15.1) We only supply the products for internal use by your business, and you agree not to use any products you purchase for any re–sale purposes.
- 15.2) Nothing in these Sale Ts &Cs limit or exclude our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the Sale Ts &Cs implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (d) defective products under the Consumer Protection Act 1987.
- 15.3) Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill; or
- (f) any indirect or consequential loss.
- 15.4) Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the product(s) in respect of which that liability arises.
- 15.5) Except as expressly stated in these Sale Ts&Cs, we do not give any representation, warranties or undertakings in relation to the products that are available for purchase on our Website. Any representation, condition or warranty which might be implied or incorporated into these Sale Ts&Cs by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any products that you purchase are suitable for your purposes.
- 16) Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
- 16.1) We only supply products for domestic and private use. You agree not to use any products you purchase via our Website for any commercial, business or re–sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 16.2) We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (e) defective products under the Consumer Protection Act 1987.
- 16.3) Subject to Section 16.2 above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Ts&Cs for any:
- (a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or/li>
- (b) loss of goodwill or reputation; or
- (c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Ts&Cs.
- 16.4) Our total liability to you in respect of all other losses arising under or in connection with these Ts&Cs, whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the product you have ordered from pottery barn kids UK. This section 16.4 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country/region (if any).
- 16.5) EXCLUSION OF WARRANTIES
- (a) This Section 16.5(a) does not affect your statutory rights as a consumer and, in respect of the products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country/region (if any).
- (b) SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POTTERY BARN KIDS UK DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
- 17) Events outside our control
- 17.1) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
- 17.2) "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock–outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, public health crisis, epidemic, other natural disaster, or failure of public or private telecommunications networks,r impossibility of the use of any means of public or private transport, order of any court or jurisdiction, or other similar or dissimilar cause not reasonably within our control.
- 17.3) If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- 18) Communications between us
- 18.1) When we refer, in these Sale Ts &Cs, to "in writing", this will include e–mail.
- 18.2) If you are a consumer:
- (a) For information about how to return and claim a refund for a product, please see our Return Policy.
- (b) If you wish to contact us in writing for any other reason, you can send this to us by email to customerservice@potterybarnkids.co.uk or by calling our Customer Services telephone line on 0808 234 0445.
- 18.3) If we have to contact you or give you notice in writing, we will do so by e–mail or by pre–paid post to the address you provide to us in your order.
- 18.4) If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e–mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- 19) Other important terms
- 19.1) We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Sale Ts &Cs
- 19.2) You may only transfer your rights or your obligations under these Sale Ts &Cs to another person if we agree in writing.
- 19.3) This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- 19.4) Each of the paragraphs of these Sale Ts&Cs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 19.5) If we fail to insist that you perform any of your obligations under these Sale Ts&Cs, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 19.6) If you are a consumer, please note that these Sale Ts&Cs are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non–exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- 19.7) If you are a business, these Sale Ts&Cs are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- Furniture.
- Furniture
- 2.1) If the item(s) you purchase have the symbol "" , this means that they will be shipped to you via our Home Delivery & Assembly service. Further information about our Home Delivery & Assembly service, including applicable shipping charges, can be found in our Shipping Information.
- 2.2) Our standard policy on returns does not apply to furniture purchases made via our Website or in–store. Please see our Return Policy for information about when and how you can return furniture purchases.
Additional Terms And Conditions Of Sale ("Additional Sale Ts &Cs")
These Additional Sale Ts &Cs apply to any purchases of the following:
When you order any of these products you must read the Additional Sale Ts &Cs that apply to that product. By placing an order for that product through the Website, you confirm that you have read, understood and agree to the Sale Ts &Cs and the applicable Additional Sale Ts &Cs.
If there is any conflict between the Additional Sale Ts &Cs and our Sale Ts &Cs, the terms of the Additional Sale Ts &Cs shall prevail to the extent of the conflict.
This clause 2 only applies if you are a consumer.
Last updated: October 30, 2020