Website Terms & Conditions
Last updated: October 24, 2008
1. USE OF THE SITE
The Pier 1 website (the "Site") is owned and operated by Pier 1 Imports (and its parents, affiliates and subsidiaries) (hereinafter, "Pier 1"), for your personal and non-commercial use and information. Your use of the Site is subject to the following terms and conditions of use ("Terms") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use the Site.
Pier 1 reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Site without prior written notice at any time, and from time to time, at Pier 1's sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Site by posting notice of same on the Site. You agree to review these Terms periodically to be aware of any changes. Following the posting of any such notice, your continued use of the Site will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.
You are responsible to ensure that your access to the Site and the information and material available on or through it are legal in each jurisdiction in or through which you access or view the Site and such information and material.
The terms "we", "us", and "our" used in these Terms also refers to Pier 1.
2. ACCEPTABLE USE POLICY
As a condition of your use of this Site, you hereby represent and warrant to Pier 1 that you:
- Agree to honor our intellectual property rights.
- Agree to provide us with accurate information as necessary for the proper conduct of our Site and to take responsibility for the information you provide.
- Acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate.
- Agree not to create a link (other than personal "bookmark" or "favorites" entry) to our Site without first obtaining our written permission.
- Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this Site.
- Shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these Terms.
4. NO USE BY MINORS
The Site is intended for use by adults only. If you are under the age of majority in the jurisdiction in which you reside, your parent of guardian should use the Site on your behalf and you should not use the Site on your own or provide any personal information to Pier 1. Pier 1 does not knowingly collect information from children under the age of 13.
5. PRODUCT INFORMATION AND AVAILABILITY
Products which are featured on the Site ("Products") are available for sale in Pier 1 Imports store locations across the United States and Canada. Pier 1 attempts to be as accurate as possible in describing all Products available for sale and/or distribution by Pier 1. However, Pier 1 does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. The availability of certain Products may be limited, and Products may not be available for immediate sale. Pier 1 may revise or cease to make available any Products at any time without prior notice.
THE SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
6. PRODUCT PRICING
All Product prices are quoted and shall be processed in Canadian dollars. Although Pier 1 strives to provide accurate Product and pricing information, errors may occur. Pier 1 reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice.
7. CONSENT TO USE ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Pier 1 over the Internet or by e-mail, and you agree that these Terms in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
8. PAYMENT TERMS
Terms of payment for any Products shall be determined at Pier 1's sole discretion. Payments made by credit card shall be subject to the approval of the financial institution that has issued the credit card.
All Product prices quoted do not include applicable federal, state and provincial sales taxes. Customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with any Product purchases.
All Product returns are subject to Pier 1 Returns Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. EXCLUSION AND DISCLAIMER OF WARRANTIES
PIER 1 MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE SITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PIER 1 DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THE SITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND PIER 1 DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO (i) UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.
BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
By using this Site you hereby agree to indemnify, defend and hold harmless Pier 1 from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by Pier 1 in connection with any claim arising out of, based upon or resulting from your use of the Site. Pier 1 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pier 1.
FOR THE PURPOSES OF THIS SECTION, "PIER 1" SHALL INCLUDE PIER 1'S RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIER 1 BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THE SITE, THE PRODUCTS, OR OTHERWISE, EVEN IF PIER 1 OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL PIER 1 BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, PIER 1'S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF PIER 1.
IF, DESPITE THE LIMITATIONS ABOVE, PIER 1 IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE SITE, IN NO CASE WILL PIER 1'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES .
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE.
CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
FOR THE PURPOSES OF THIS SECTION, "PIER 1" SHALL INCLUDE PIER 1'S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
14. COPYRIGHTS AND TRADEMARKS
Material on the Site, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by Pier 1, and Pier 1 does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in Canada, the United States (and in other jurisdictions) pursuant to U.S. and Canadian copyright laws and by virtue of the applicable international conventions and treaties. Pier 1 is the owner of the copyright in the entire Site and, consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Pier 1. Trademarks, logos and service marks (collectively, "Marks") displayed on the Site are registered or unregistered Marks of Pier 1 or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Site is to be interpreted as conferring a right to use the Marks or the material protected by applicable copyright laws.
Notwithstanding the foregoing, Pier 1 authorizes you to make one electronic or paper copy of the information posted on any page of the Site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the Site. This license does not include any resale of the Site or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of Pier 1 without express written consent of Pier 1. You may not use any meta tags or any other "hidden text" utilizing Pier 1's name or trademarks without the express written consent of Pier 1.
Any unauthorized use of the Site and/or its contents terminates the permission or license granted by Pier 1. You may obtain additional information on the use of Pier 1's copyrights, trademarks and service mark by viewing Pier 1's Copyright and Trademark Notice. Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Pier 1 or any other person or entity.
15. INFORMATION AND MATERIAL PROVIDED BY SITE USERS
Pier 1 does not wish to receive confidential, secret or proprietary information or material from you through the Site or other means.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Site, you hereby grant Pier 1 a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by Pier 1 of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against Pier 1 for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that Pier 1 is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to Pier 1 or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Pier 1 other than pursuant to these Terms. Pier 1 shall not be responsible for the payment of any monies to any other party in connection with Pier 1's use of any information or material provided by you to Pier 1 or the Site. You also represent and warrant that any and all such information or material which you provide to Pier 1, whether provided by you electronically by accessing or using the Site or otherwise, and Pier 1's use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.
Pier 1 may monitor the access to the Site (and any other of its websites) and other activities in relation to the Site (and any other of its websites) and may intervene in this regard. However, Pier 1 makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Pier 1 ever decides to do it.
17. LINKS TO OTHER WEBSITES
The Site may contain links and references to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Any such links and references to other websites which may be provided to you on the Site are provided to you as a convenience only. Links to and from the Site to other third party sites, maintained by third parties, does not constitute an endorsement by Pier 1 of any third party resources or their contents. Links do not imply that Pier 1 or the Site sponsors are affiliated or associated with any such third parties or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Pier 1. You should direct any concerns regarding any external link to its site administrator or webmaster. Pier 1 does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Pier 1 does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to the Site, except if expressly permitted by Pier 1. Pier 1 reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
18. DAMAGE TO OTHERS
You agree not to introduce into or through the Site or any other Pier 1 website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
19. MODIFICATION OF SITE; RESERVATION OF RIGHTS
Pier 1 may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Site or any aspect of it, including but not limited to any Site content, features, or hours of availability, and Pier 1 will not be liable to you or any third party for doing so. Pier 1 may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or liability. All rights not expressly granted in these terms are reserved to Pier 1.
These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
21. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions or any other reference to principles of conflict of laws. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be an appropriate State or Federal court located in Tarrant County in the State of Texas and you hereby irrevocably attorn and consent to the personal and exclusive jurisdiction and venue of these courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid, void, or for any reason unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and if that is not possible, shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms which shall continue in full force and effect.
Pier 1 makes no representation that any information, materials, or Products provided on or through the Site are appropriate or available for use in locations or jurisdictions outside of the United States and Canada. Those who choose to access the Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
24. NO WAIVER
The failure of Pier 1 to enforce any provisions of these Terms or to respond to a breach or default by you or any third party shall not in any way waive the right of Pier 1 to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
25. EXPORT LAWS
Products sold or delivered under this Agreement shall be subject to the export control laws and regulations of the United States and Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to defend and hold Pier 1 harmless against all claims, damages or liability resulting from breach of the foregoing.
26. ENTIRE AGREEMENT
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Pier 1 with respect to the use of the Site and any transaction conducted on or from the Site and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Pier 1 making such amendments or modifications available to it pursuant to the Terms hereof.
27. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of Pier 1.
28. TERMINATION OF USER ACCESS
Pier 1 reserves the right, at its sole discretion, to terminate your access to all or any part of the Site, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
These terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms and any supporting or ancillary documents is available here.