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Terms & Conditions


Welcome to westelm.com.au (“Web Site”), which is operated by Williams-Sonoma Australia Pty Ltd ACN 157917783 (“West Elm”). We are part of the Williams-Sonoma, Inc. Brands which includes Williams Sonoma®, Pottery Barn®, pottery barn kids® and West Elm®.


Please take a few minutes to review these Terms and Conditions. Your use of the Web Site or purchase of products from us constitutes your agreement to these Terms and Conditions.


These Terms and Conditions May Change

West Elm reserves the right to update or modify these Terms and Conditions at any time without prior notice by posting updated terms of use on the Web Site. The Terms and Conditions that will apply to your order are the Terms and Conditions that are available on the Web Site when we accept your order. For this reason, we encourage you to review these Terms and Conditions each time you purchase products from us or use our Web Site.


Making a Purchase

Orders and Acceptance

When you place an order, West Elm will send you a confirmation email with the details of your order. This is not an acceptance of your order. Orders are only accepted when West Elm expressly notifies you of its acceptance. West Elm reserves the right to accept or decline, in whole or in part, any order placed by you.


West Elm will notify you as soon as possible regarding the availability of the products you have ordered. If West Elm advises you that a product you have ordered is no longer available, your order is automatically declined.


If a product you have ordered is temporarily out of stock, West Elm will place that product on back order and supply it when stock becomes available, unless you notify us that you wish to cancel the order, which you may do any time before the product is shipped. West Elm will advise you of the delay.


If you have placed an order but are unreachable to schedule a delivery within 60 days of your order becoming available to ship, West Elm reserves the right to cancel your order. If West Elm cancels your order in these circumstances, any payment which has been processed will be refunded to you using the payment details provided at the time of placing your order.


Delivery and Risk

West Elm will endeavour to deliver products for accepted orders to the shipping address specified in your order on or before any estimated delivery date, including those set out in the Shipping Information Page. of our Web Site. West Elm does not warrant or guarantee that it will be able to deliver all products by the specific estimated delivery date but will deliver all products for accepted orders within a reasonable time.


All risk in the products will pass to you once the products are delivered to the delivery address specified in your order.


Price, Additional Fees and Special Offers

Prices are subject to change.


The prices displayed on our Web Site may differ from prices that are available in stores or in catalogues, and our pricing may differ from store to store. All prices quoted on this Web Site include Australian GST (where applicable).


A shipping and processing fee will apply to all shipments of West Elm products. These are in addition to the quoted price and can be found on the Shipping Information Page. of our Web Site. Our shipping and processing charges are intended to compensate West Elm for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to review detailed information about our shipping and processing fees.


Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.


Payment

You must enter your payment details at the time you place your order. However, payments will not be processed until availability of the products you ordered have been confirmed and your order has been accepted. All prices are and payment must be made in Australian currency.


For credit card purchases, at the time of order placement an authorisation hold will be placed on your nominated credit card account to ensure sufficient funds are available to cover the pending cost of the merchandise purchased. Once the availability of the products you ordered has been confirmed and your order has been accepted then the ‘Pending’ authorisation will convert to ‘Sale’ or ‘Completed’ status (or some other synonymous terms used by the card issuer) on your card statement and status updates (if provided by your card issuer).


If you choose a debit card as your method of payment, a debit will occur on your nominated bank account. This is an authorisation hold to ensure sufficient funds are available to cover the pending cost of your order. Once authorisation is obtained and your order has been accepted, a second debit will appear on your account which is the settlement transaction. Your bank will subsequently release the funds from the initial debit (the authorisation hold). Please note this release can take place after the settlement debit occurs, and is up to your bank’s timelines to complete.


If you choose PayPal as your method of payment, an authorisation hold will be placed on your PayPal account to ensure sufficient funds are available to cover the pending cost of the merchandise purchased. Once a successful authorisation is obtained from PayPal, the authorised amount becomes unavailable for other purchases and is temporarily blocked. When West Elm has a valid authorisation, the authorised amount shows on statements and status updates (if provided) as ‘Pending’ (or some other synonymous term used).


The typical timeframe that the pending payment stays on your PayPal account is 7-12 days but can vary. West Elm does not have any control over this timeframe. If West Elm fulfils the order within the timeframe that PayPal retains the authorisation for, then you will see the ‘Pending’ authorisation converted to ‘Sale’ or ‘Completed’ status (or some other synonymous terms used) on your statement and status updates (if provided).


If there is a wait time for the order to be fulfilled which is longer than the timeframe that PayPal retains the authorisation, then the authorised amount should drop off your available balance and becomes available for other purchases. Once your order is fulfilled at a later date then the above authorisation process will occur again and you will see the “Pending” authorisation converted to ‘Sale’ or ‘Completed’ status (or some other synonymous terms used) on your statement and status updates (if provided).


If you choose Afterpay, any authorisation hold for the amount of your pending purchase will be processed as between you and Afterpay, and all charges to your card will be issued from Afterpay in accordance with the payment schedule agreed between you and Afterpay.


For payments made using Afterpay, if the period by which your order is fulfilled exceeds the payment schedule agreed between you and Afterpay, there will be no additional charges or authorisations required from Afterpay or West Elm.


Please contact your card issuer, PayPal or Afterpay, as applicable, for further details regarding the authorisation process for your payment method.


Click & Collect

Some of our stores offer Click & Collect in-store pick-up options. Payment for these items will be taken at different times depending on your payment type:


1. AfterpPay is charged immediately upon completing the on-line transaction, prior to confirming the order is in stock and ready for you to collect.


2. Credit/Debit & Gift Cards are authorised upon completing the on-line transaction and charged within 30 minutes.


3. PayPal is authorised upon completing the on-line transaction and charged when the item is confirmed available in- store and ready for you to collect.


We will hold your order for 5 days after we notify you that it is ready for pick-up unless you contact the store directly to make arrangements to pick up after 5 days. After 5 days, we will return your item to the store floor and credit the amount of your Click & Collect purchase back to the payment method used on the order.


Use of Our Web Site

User Comments

We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of West Elm. By submitting any such Comments, you grant West Elm a perpetual, non-exclusive, worldwide, royalty free, sub-licensable license 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 license to us, including any confidential information or any original creative materials such as stories, product ideas, recipes, computer code or original artwork.


You further agree that you will not upload, post or otherwise make available on the Web Site any material protected by intellectual property rights owned by a third party. You will be solely liable for any damage resulting from your Comments including any infringement of intellectual property rights, or any violations of rights of privacy, or any other harm resulting from any Comments that you make. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Comments posted by you to or through the Web Site and indemnify us against any costs or expenses that we suffer or incur as a result of any comments posted by you.


When submitting Comments to or otherwise using the Web Site, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (eg privacy) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
  • Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
  • Disseminate any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Web Site or take any content from the Web Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions, goals, profiles or Comments posted by others on the Web Site.

Note: This list of prohibitions provides examples and is not complete or exclusive.


West Elm takes no responsibility and assumes no liability for any Comments posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.



General Terms

Disclaimer

This Web Site and all content available on this Web Site are provided on an “as is” basis without any warranty or guarantee except as required by law. The Competition and Consumer Act 2010 (Cth of Australia) may confer rights, guarantees and remedies on you in relation to the provision by West Elm of goods and services from the Web Site, which cannot be excluded, restricted or modified. West Elm does not exclude, restrict or modify those rights. To the maximum extent permitted by law, West Elm disclaims all other representations, guarantees, warranties and terms, either express or implied, including without limitation warranties and guarantees of fitness for a particular purpose.


You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that West Elm shall not be liable for any damages of any kind related to your use of this Web Site.


Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods.


If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.


In relation to goods and services supplied by West Elm which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, West Elm’s liability for breach of any consumer guarantees is limited to:

  • In the case of services (i) the supply of services again, or (ii) the payment of the cost of having services supplied again; and
  • In the case of goods (i) replacing, or paying the cost of replacing the goods, or (ii) repairing or paying the cost of repairing the goods.


Inaccuracy Disclaimer

From time to time there may be information on our Web Site or in our catalogue that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. To the extent permitted by law, West Elm reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If you have placed an order or purchased a product on the basis of erroneous or inaccurate information on our Web Site or in our catalogue, you may cancel your order and obtain a refund of any amount paid (subject to, where relevant, your return of the product to us).


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Any action relating to the use of the Web Site, catalogues or any transaction with West Elm must be brought in the courts of New South Wales, Australia.



Gift Card Terms of Use

These terms of use apply to all Gift Cards and e-Gift Cards issued by Williams-Sonoma, Inc. on behalf of its brands Pottery Barn®, pottery barn kids®, West Elm®, and Williams-Sonoma®.


Definitions

  • "PIN" means the eight digit PIN printed on the Gift Card;

  • "Card Number" means the sixteen digit number that appears on your Gift Card;

  • "Gift Card" rrefers to either the "physical Gift Card" that you have purchased or received from one our stores: Pottery Barn, pottery barn kids, West Elm or Williams-Sonoma OR the "e-Gift Card" that you have purchased or received online from www.potterybarn.com.au, www.potterybarnkids.com.au, www.westelm.com.au or www.williams-sonoma.com.au;

  • "Remaining Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms of Use;

  • A reference to "we" or "us" is a reference to Williams-Sonoma, Inc., and our brands Pottery Barn, pottery barn kids, West Elm and Williams-Sonoma;

  • A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use, or who authorises another person to do something with or to the Gift Card on their behalf.


Introduction

This document contains the full set of terms of use governing your use of the Gift Card.


We recommend that you read this document carefully before using the Gift Card. If you have any questions or would like more information about your Gift Card, you can call us toll free at 1800 239 516 or visit one of our stores.


Accepting the Gift Card and Agreeing to these Terms of Use

By purchasing, redeeming or attempting to redeem a Gift Card, you accept and agree to be bound by these Terms of Use; and acknowledge that you have read and understood our Privacy Policy (available from https://www.westelm.com.au/privacy-policy.


Gift Card Inclusions & Exclusions

Both physical Gift Cards and e-Gift Cards may be used for making purchases at Pottery Barn, pottery barn kids, West Elm, and Williams-Sonoma stores or online at www.potterybarn.com.au, www.potterybarnkids.com.au, www.westelm.com.au or www.williams-sonoma.com.au in Australia.


Gift cards cannot be used for purchases by email, phone or fax.


How to Purchase Gift Cards

IN STORE: Physical Gift Cards may be purchased at any of our Pottery Barn, pottery barn kids, West Elm, or Williams-Sonoma stores in Australia. A minimum of $5.00 and a maximum of $1000.00 can be loaded on each card.


ONLINE: e-Gift Cards may be purchased online at www.potterybarn.com.au, www.potterybarnkids.com.au, www.westelm.com.au or www.williams-sonoma.com.au. A minimum of $25 and a maximum of $500 can be loaded onto each e-Gift Card.


Note: there may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.


Gift Cards cannot be purchased by using a Gift Card.


How to Reload the Gift Card

Gift Cards cannot be reloaded. No additional payments can be made to increase the value of the Gift Card after it is initially acquired.


Purchases with your Gift Card

IN STORE: Select goods in your participating store with a Gift Card or printed e-Gift Card and take them to the point of sale operator. The operator will swipe your card or scan the e-Gift Card barcode.


You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services that are authorised by you.


ONLINE: Enter the Card Number and PIN on your Gift Card at checkout.


The transaction will be completed when the balance has reduced on your Gift Card. No change will be given: any remaining balance on the card can only be used in whole or part against future purchases.


You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services that are authorised by you.


Transactions are authorised by you by:


When you authorise a transaction:

  • you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
  • you are agreeing to pay the amount of that transaction by the reduction of the Remaining Card Value.


Purchases Exceeding the Gift Card Value

Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using either a debit or credit card. At the time of purchase your debit or credit card will be temporarily authorised for the amount that exceeds the Remaining Card Value. Please see Payment Terms & Conditions for more details regarding debit or credit card payment authorisation.

Where the original transaction involved multiple forms of payment which included a gift card and a refund amount less than the total original transaction amount is sought, the refund amount will first be issued in the form of a gift card up to the amount originally paid by gift card, with any remaining amount then refunded to the credit or debit card used for the purchase up to the amount originally paid.


No Cash Advances

You cannot obtain any cash advance with your Gift Card or redeem your Gift Card for cash.


Validity and Expiry of Gift Cards

Williams-Sonoma, Inc. Gift Cards do not expire and can be used for purchases as long as there is a remaining balance.


If you are giving the Gift Card to another person please advise them of the Terms and Conditions that apply.


Re-issue of Faulty or Damaged Gift Cards

Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Williams-Sonoma, Inc., or our agents or contractors.


Destruction of Gift Card with No Value

Once the Remaining Card Value is completely used, destroy your card by cutting it in half diagonally. Your Gift Card cannot be reloaded.


Lost or Stolen Gift Cards

Treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.


Checking your Gift Card Balance and Transaction History

You can check your card balance, expiry date and transaction history at any time in-store or online, or you can call toll free on 1800 352 491. For balance enquiries by phone, you will be required to enter both the Card Number and PIN on your Gift Card or e-Gift Card prior to getting access to the card information.


Can I Exchange my Gift Card?

You cannot exchange your Gift Card for a different brand, design, denomination or type of Gift Card or for another tender, cash or discount.


Can I Cancel my Gift Card?

No, you cannot cancel your Gift Card.


Exchanging Items Purchased with a Gift Card

Goods that are purchased solely or in part with a Gift Card may be exchanged or returned subject to our return policy.


Your Gift Card, Your Responsibility

You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.


Privacy and Confidentiality

Our Privacy Policy explains how we handle the personal information that we may collect from you. A copy of our Privacy Policy is available at https://www.westelm.com.au/privacy-policy. It is important that you carefully read and understand our Privacy Policy.


Errors and Complaints


Gift Cards

If you have reason to believe that an error has occurred in relation to your Gift Card, you can call us toll free at 1 800 239 516.


Goods or Services

Any complaints about goods or services purchased with a Gift Card must be resolved directly with the store concerned.


Force Majeure

To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.


Applicable Law

These Terms of Use are to be construed and enforced in accordance with the laws of New South Wales, Australia. Any dispute arising from your receipt or use of a Gift Card is exclusively subject to the jurisdiction of the courts of New South Wales, Australia (including the Federal Court of Australia, New South Wales Registry).


Further Terms of Use for e-Gift Cards

All e-Gift Cards are managed by our partner CashStar. For further terms and conditions, see https://williams-sonoma-inc-au.cashstar.com/about/terms_and_conditions


Care Cover Protection Plan

The Care Cover Accident Product Warranty (APW), and the West Elm product it is covering must be purchased in the same transaction. Under the Warranty, if accidental stains or damage occurs to the furniture covered by your Accident Product Warranty, you may be entitled to:

  • A repair of your furniture;
  • Re-selection of similar furniture; or
  • A refund of the cost of your Product Warranty; or
  • A replacement of your furniture.

Customer must contact Care Cover directly to inquire about or make a claim under their Warranty. See full Care Cover Accident Protection Plan Terms & Conditions.


Care Cover is a subsidiary of Mobile Services International Pty Ltd (MSi).


Care Cover is the foremost provider of furniture protection plans in Australia. For further information go to www.carecoveraustralia.com.au