Privacy Policy

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, WE EACH AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND CRATE & BARREL WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

  1. If we are not able to resolve the dispute, and neither party chooses small claims court to resolve the dispute, you and Crate & Barrel agree to arbitrate any and all disputes and claims between you and us arising out of or relating to this Agreement, use of the Websites, products, or services, whether you are a visitor to the Website or a customer, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property (as set forth in below) shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction.
    For purposes of this arbitration provision, references to “Crate & Barrel,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use of the Website. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Crate & Barrel are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

  2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Favord should be addressed to: Legal Department, 153 Main St, Ansonia CT 06401 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Favord (“Demand”). If Favord and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Favord may commence an arbitration proceeding. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).

  3. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org?, by calling the AAA at (800) 778-7879, or by writing to the Notice Address.
    All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.
    The place of arbitration shall be Chicago. The arbitration shall be governed by the laws of the State of Illinois. Case Management Conferences and other hearings shall be heard via telephone unless otherwise agreed to. Parties must attend all telephonic and in-person hearings and Case Management Conferences with counsel unless otherwise agreed to by the parties.
    If you believe that the costs of arbitration will be prohibitive as compared to the costs of litigation and you would like to submit a request to Favord to pay administrative costs and arbitrator’s fees, please submit your request and the reason for your request to the Favord Legal Department contact assigned to your case. If Favord denies your request, and you continue to believe the cost of arbitration is prohibitive as compared to the costs of litigation, you may ask that in the final award, the arbitrator apportion the costs of arbitration and arbitrator fees among the parties in such amounts as the arbitrator deems appropriate to prevent the costs of arbitration from being prohibitive.
    If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules and the above paragraph shall not apply. If an arbitrator finds that your Demand is frivolous or brought for an improper purpose, you agree to reimburse Crate & Barrel for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

  4. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

  5. YOU AND CRATE & BARREL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.

  6. Notwithstanding any provision in this Agreement to the contrary, we agree that if Crate & Barrel makes any material change to this arbitration provision (other than a change to the Notice Address) after your use of the Website, you may reject any such change and require Favord to adhere to the language in this arbitration provision as written at the time of your use of the Website or the purchase at issue if a dispute between us arises, by providing Notice to Favord at the Notice Address in subsection (b) above.

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 Favord or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Favord, its affiliates or third parties who have licensed or assigned their rights, interests and/or materials to Favord. The Website is copyright protected as a collective work under U.S. and other applicable copyright laws, and Favord 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 Favord. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Favord reserves complete title and full intellectual property rights in any Content you download from this Website. Favord reserves all other rights not expressly granted above, and any other use requires Favord 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 Favord 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: