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Privacy Policy
Your Privacy Rights and Choices
Cookie Policy
Terms of Use
Wayfair's Copyright Policy
Written Copyright Claim & Counter Notification Instructions
Wayfair Professional Program Terms
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PRIVACY POLICY
Last Updated: 28 June 2024
* Scope of this Policy
* Personal Information We Collect
* How We Use Personal Information
* How We Share Personal Information
* Blogs, Reviews, and Forums
* Social Media Plugins
* Job Applicants
* Investors
* Our Security Measures
* Data Retention
* Children's Privacy
* California Minors
* Your Privacy Rights and Choices
* Information for Visitors from Outside of the United States
* Changes to this Privacy Policy
* Contact Us
We care about our customers and know that your privacy is important to you. This
Privacy Policy is our way of explaining how we collect personal information, why
we need it, and how we use it.
Please see our Privacy Snapshot below for an overview of our privacy practices.
SCOPE OF THIS POLICY
This Privacy Policy applies to your use of our websites (the "Sites") and our
mobile applications (the "Apps" together with the Sites, the "Services")
operated by Wayfair LLC and Wayfair Stores Limited, including our brands
Wayfair, Joss & Main, AllModern, Birch Lane, and Perigold ("Wayfair", "we," or
"us").
This Privacy Policy also applies to the personal information you provide to us
through other interactions and correspondence. This could be, for example, when
you share your information with our service representatives (e.g. a customer
service agent, design professional, or an installation or assembly pro), through
any of our marketing programs, or send us a letter, email, or chat.
PERSONAL INFORMATION WE COLLECT
Information you provide to us:
* Your contact details and account data if you establish an online account with
us (such as your name, email address, mailing address, phone number, and
password).
* Additional profile information you may choose to provide (such as date of
birth, gender, location, and preferred language). We may also ask you to
provide additional information to identify yourself such as a government
issued ID number if you do not have an account with us (e.g. when making or
returning purchases at our brick-and-mortar stores in the United States).
* Your payment information if you make a purchase via the Services. We use
third-party payment processors, such as Stripe, to process your payments.
These third parties will collect the information necessary to effectuate your
transaction with us, such as credit/debit card number, security/CVV code, and
expiration date. Our payment processors may handle your payment information
in accordance with their own privacy policies. Wayfair does not have access
to your full payment information.
* Tax-related information, such as your Social Security number or your entity
identification number or your VAT registration number (or similar), if you
(i) participate in our product review program or (ii) are a B2B customer. We
will use this information to prepare your Form 1099 and other tax-related
documentation related to the product review program, verify your business if
you are a B2B customer, and to provide B2B customers with tax compliant
invoices.
* Your financing information if you apply for financing solutions, such as our
co-branded credit card or installment payment offering. As part of your
application, we may collect information such as Social Security number, date
of birth, and income. Our financing solutions are offered by third-party
providers, such as Citibank. Your personal information will be used by these
financing providers in accordance with their own privacy policies.
* Your communications and contact history with us (such as emails, text
messages, service call recordings, chat and instant messages, or
communications with our social media channels).
* Other information you choose to provide (such as product reviews, forum
posts, survey responses, participation in promotions, and other
user-generated content, including, but not limited to, images you upload).
Where applicable, we may indicate whether and why you must provide us with your
personal information, as well as the consequences of failing to do so. For
example, it may be necessary for you to disclose certain personal information in
order for us to provide the Services to you.
Subject to our Cookie Policy, we may automatically collect Information from your
use of the Services:
* Purchase history and saved items (such as what you bought, what you've placed
in or removed from your cart, or what items you've saved).
* Log data and device information (such as details about how you've used the
Services, IP address, access dates and times, hardware and software
information, device information, device event information, unique
identifiers, crash data, cookie data, location data, and page/product views
or clicks).
* Geo-location information (such as IP address, browser information, or mobile
GPS information).
We use cookies and similar technologies (such as web beacons and local storage
technologies) to collect such data. Please see our Cookie Policy for more
information.
Information we may collect from third parties, including third party services
(for example if you link, connect, or login to the Services with your Google,
Facebook, Instagram, or Twitter accounts or choose to participate in one of our
marketing programs) or other sources (such as your contacts who want to invite
you to use the Services or brands we partner with):
* Contact details (such as your name, email address, mailing address, and phone
number).
* Social media profile information publicly available on your social media
account (such as your Twitter or Instagram handle, profile description, posts
tagging @wayfair etc.).
HOW WE USE PERSONAL INFORMATION
We use personal information for the following purposes or as otherwise described
at the time of collection:
Providing and supporting our Services. We use personal information to operate,
maintain, and provide you with our Services. In particular, we will use personal
information to perform our contractual obligation under our terms of use, such
as to allow you to create an account and make purchases via the Services,
facilitate financing solutions, and for us to take payment, deliver your
purchases, and process returns.
Communicate with you about our Services. It is in our legitimate business
interests to use personal information to respond to your requests, provide
customer support, and communicate with you about our Services, including by
sending announcements, updates, security alerts, and support and administrative
messages, and to administer surveys, sweepstakes, and contests.
Improve, monitor, personalize, and protect our Services. It is in our legitimate
business interests to improve and keep our Services safe for our users, which
includes:
* Understanding your needs and interests, and personalizing your experience
with the Services and our communications.
* Troubleshooting, testing, and research, and keeping the Services secure.
* Investigating and protecting against fraudulent, harmful, unauthorized, or
illegal activity.
Research and development. We may use personal information for research and
development purposes in our legitimate business interests, including to analyze
and improve the Services and our business, and to train our staff. As part of
these activities, we may create or use aggregated, de-identified or other
anonymized data from personal information we collect. We make personal
information into anonymized data by removing information that makes the data
personally identifiable to you. We may use this anonymized data and share it
with third parties for our lawful business purposes, including to analyze and
improve the Services and promote our business.
Marketing and advertising. We, our service providers, and our third-party
advertising partners may collect and use personal information for the following
marketing and advertising purposes:
* Direct marketing. We may send you direct marketing communications, by email
or otherwise, as permitted by law. See Your Privacy Rights and Choices below
for information on how to stop receiving direct marketing communications.
* Interest-based advertising. We engage our advertising partners, including
third party advertising companies (such as Google) and social media
companies, to display ads around the web. These companies may use cookies and
similar technologies to collect information (including, subject to our Cookie
Policy, the automatically-collected data described above) about your
interactions over time across our Services, our communications, and other
online services, and use that information to serve online ads that they think
will interest you. This is called interest-based advertising. For more
information, please visit our Cookie Policy.
Except where consent is required, we undertake such marketing and advertising on
the basis of our legitimate business interests. Where we seek your consent, you
may withdraw your consent at any time.
We do not engage in profiling in furtherance of decisions that produce legal or
similarly significant effects concerning consumers, as defined in the Colorado
Privacy Act.
Compliance and protection. We may use personal information in our legitimate
business interests to enforce and comply with our terms and policies, and to
defend us against legal claims or disputes including:
* Protecting our, your or others’ rights, privacy, safety, or property
(including by making and defending legal claims).
* Auditing our internal processes for compliance with legal and contractual
requirements and internal policies.
* Enforcing the terms and conditions that govern the Services.
* Preventing, identifying, investigating, and deterring fraudulent, harmful,
unauthorized, unethical or illegal activity, including cyberattacks and
identity theft.
Some processing may also be necessary to comply with applicable laws, lawful
requests and legal process, such as to respond to subpoenas or requests from
government authorities, and other legal obligations such as to keep records of
transactions.
HOW WE SHARE PERSONAL INFORMATION
We share personal information with the following categories of recipients:
* Within Wayfair.
* Companies and individuals that help us deliver our products to you, such as
suppliers, payment service providers, logistics professionals, gift card
suppliers, repair and assembly providers, and delivery and freight companies.
* Professional service providers who help us run our business and provide
support services to us, such as marketing companies, including email
providers and mobile marketing providers, software vendors, and consultants.
* Advertising partners, including for the interest-based advertising purposes
described above.
* Financing providers. By choosing to apply for a financing solution offered by
a third-party financing provider, such as Citibank, you direct us to share
certain personal information with that provider to facilitate your
application. Your personal information will be used by that provider in
accordance with their own privacy policy.
* Government and law enforcement agencies and private parties, as we believe in
good faith to be necessary and appropriate to (i) comply with a legal
process, subpoena, order, or other legal or regulatory requirement; (ii)
enforce our terms of use or other policies; (iii) pursue available legal
remedies or defend legal claims; or (iv) otherwise for the compliance and
protection purposes described above.
* Acquirers and other relevant participants in business transactions (or
negotiations for such transactions) involving a corporate divestiture,
merger, consolidation, acquisition, reorganization, sale or other disposition
of all or any portion of the business or assets of, or equity interests in,
Wayfair (including, in connection with a bankruptcy or similar proceedings).
We may anonymize your personal information and share such anonymized information
with third parties for any purpose permitted by applicable laws.
BLOGS, REVIEWS, AND FORUMS
The Services may from time to time offer publicly-accessible blogs, reviews, or
forums. Any information you provide in these spaces may be read, collected, and
used by others who access them. To request removal of your information from
blogs, customer reviews, or forums, please see Your Privacy Rights and Choices
below. Please note that in some cases we may be unable to remove your
information.
SOCIAL MEDIA PLUGINS
The Sites and the Apps use social plugins, which allow you to interact with us
through your Facebook, Instagram, Twitter, and other social media accounts. If
you visit a page on our Sites or Apps that contains such a plugin, your browser
establishes a direct connection to that social media site’s webservers. The
content of the plugin is transmitted by the social media site directly to your
browser and incorporated by the social media site into the Sites or Apps. By
integrating the plugins, the social media site receives the information that
your browser has accessed on the corresponding page of our Sites or Apps, even
if you do not have an account or are currently not logged in to your account
with us. We have no control over the extent and use of information that the
social media site collects using this plugin.
If you interact with a social media plugin by, for example, clicking a "Like"
button or leaving a comment, the corresponding information is also transmitted
directly to the social media server and stored there. Depending on your
settings, the information will also be posted on the social media site and
displayed to your contacts or friends on the social media site. The social media
site may use this information for the purpose of advertising, market research,
and tailor-made pages.
To understand what information social media sites collect when you interact with
their plug-ins, please review their privacy policies. You may also have the
option to change your settings in the social media site to prevent the
collection of your information.
JOB APPLICANTS
When you visit the careers portion of our website, our Candidate Privacy Policy
applies.
INVESTORS
You may provide information to us when visiting the investors page of our
website, such as your name and contact information. We use this information to
communicate with you and respond to your requests. We may also use and share
this information to provide improved administration of the website, and as
otherwise necessary: (a) to comply with relevant laws or to respond to subpoenas
or warrants served on us; (b) to protect and defend the rights or property of us
or others; (c) in connection with a legal investigation; and/or (d) to
investigate or assist in preventing any violation or potential violation of the
law, this Privacy Policy, or our terms of use.
OUR SECURITY MEASURES
We use appropriate technical and organizational safeguards designed to protect
your information from unauthorized use, disclosure, and loss. We use encryption
technology, including current industry-standard encryption protocols, to protect
personal information in certain areas of our Sites during transmission across
the Internet. We use PCI-compliant payment service providers. If you have
questions about the security of your information, please contact us here.
We encourage you to take reasonable measures to protect your password and your
computer to prevent unauthorized access to your account. Remember to sign out of
your account and close your browser window if you are using a shared computer in
a public place.
DATA RETENTION
We will keep your information for as long as you have an account or as long as
we need it to fulfill the purpose for which it was collected or disclosed to you
at the time of collection. We may also keep some of your information as required
to meet legal or regulatory requirements, resolve disputes, prevent fraud or
abuse, enforce our terms of use, or for other legitimate business purposes.
When we no longer have a need to keep your information, we will either delete it
from our systems or anonymize it so that it no longer identifies you.
CHILDREN'S PRIVACY
The Service is not directed to children, and we do not knowingly collect
information from children under 16. If you are a parent or guardian and believe
that we have information about your child, please contact us as described in the
Contact Us section below.
CALIFORNIA MINORS
California residents under 18 years of age may have the personal information
that they posted on the Sites deleted by sending an email to
DataProtectionOfficer@wayfair.com and requesting deletion.
YOUR PRIVACY RIGHTS AND CHOICES
Modify your account information. If you have a Wayfair account, you can review
and update certain account information by logging into your account. You may
also contact us to request deletion of your account. If we delete your account,
you will not be able to access it.
Opt-out of marketing communications. You can stop receiving direct marketing
messages from us at any time by updating your preferences here or by clicking
any "unsubscribe" link in any marketing message you receive from us. It may take
up to 48 hours to process your request and update our systems. If you request
that we stop sending you marketing messages, we will continue to send you
administrative and service communications (such as order updates and other
important or transactional information). If you use more than one name or email
address when communicating with Wayfair or using the Service, you may continue
to receive communications from us to any name or email address not specified in
your opt-out request.
Opt-out of text messages. You can stop receiving text messages at any time by
texting "STOP". After you send "STOP", we may send you an additional text
message to confirm that you have been unsubscribed. You will no longer receive
text messages from that short code, but you may receive text messages if you are
subscribed to other text lists. If at any time you have questions about the text
messages, text "HELP". After you send "HELP" we will respond with instructions
on how to use our service as well as how to unsubscribe. Message and data rates
may apply.
Online tracking opt-out. You can opt out of the sale of or processing of your
personal information for targeted advertising purposes and limit interest-based
advertising as described on our Your Privacy Rights and Choices page.
Personal information requests. Depending on your location and the nature of your
interactions with our Services, you may request the following in relation to
your personal information:
* Information about how we have collected and used your personal information.
We have made this information available to you without having to request it
by including it in this Privacy Policy.
* Access to a copy of the personal information that we have collected about
you. Where applicable, we will provide the information in a portable,
machine-readable, readily-usable format.
* Correction of personal information that is inaccurate or out of date.
* Deletion of personal information that we no longer need to provide the
Services or for other lawful purposes.
* Additional rights, such as to object to and request that we restrict our use
of your personal information, and where applicable, you may withdraw your
consent.
To exercise the above rights:
* Fill out the Privacy Rights Request Form.
* Visit our "Your Privacy Rights & Choices" page.
* Contact us at DataProtectionOfficer@wayfair.com or at the addresses provided
in the Contact Us section below.
Prior to responding to your requests, we may verify your identity by matching
any requested identifying information you provide against the information we
have about you. Depending on your jurisdiction, you may designate an authorized
agent to make a request on your behalf. We will require the authorized agent to
have a written authorization confirming that authority.
Wayfair will never discriminate against you for exercising any of these rights,
but you may lose access to certain functionality or the ability to interact with
certain programs or offers due to changes in the personal information Wayfair
has access to after complying with your privacy requests.
Right to complain. You may have the right to lodge a complaint with our lead
data protection authority in the EU, the Irish Data Protection Commissioner
(https://www.dataprotection.ie) or with the data protection authority where you
reside. Residents of the UK may choose to make their complaint to the
Information Commissioner’s Office (https://ico.org.uk).
Limits on your choices. In some instances, your choices may be limited, such as
where fulfilling your request would impair the rights of others, our ability to
provide a service you have requested, or our ability to comply with our legal
obligations and enforce our legal rights. If you are not satisfied with how we
address your request, you may submit a complaint by contacting us as provided in
the Contact Us section below.
INFORMATION FOR VISITORS FROM OUTSIDE OF THE UNITED STATES
Wayfair is headquartered in the United States. We may transfer your personal
information to our affiliates and service providers in the United States and
other jurisdictions. Please note that data protection laws of the United States
and other jurisdictions may not be as comprehensive as those laws or regulations
in your country or may otherwise differ from the laws in your country.
When we engage in cross-border data transfers, we will ensure that relevant
safeguards are in place to afford adequate protection for personal information,
and we will comply with applicable data protection laws. For example, where our
Service targets individuals in the European Economic Area, Switzerland or the
United Kingdom, we may rely on an EU Commission or UK government adequacy
decision or on contractual protections for the transfer of personal information.
For more information about how we transfer personal information internationally,
please contact us as set out in the Contact Us section below.
CHANGES TO THIS PRIVACY POLICY
We may change this Privacy Policy from time to time, including to reflect new
ways that we process your information. When we post modifications to this
Privacy Policy, we will revise the "Last Updated" date at the top of this page.
The modified Privacy Policy will be effective immediately upon posting on the
Services.
CONTACT US
Wayfair LLC is the entity responsible for your personal information, unless
you’re a user of our Sites or Apps based in Europe in which case Wayfair Stores
Limited is the data controller of your personal information.
Please don't hesitate to contact us at DataProtectionOfficer@wayfair.com, or in
writing at:
Attention: Legal Department
Wayfair LLC
4 Copley Place
Boston, MA 02116
or
Attn: Data Protection Officer
Wayfair Stores Limited
Wayfair House
Tuam Road
Galway, Co. Galway
Ireland
If you are based in the UK, you may contact us at:
Attention: Legal Department
Wayfair Stores Limited
Angel House, 338 Goswell Rd, L4
London England EC1V 7LQ
PRIVACY SNAPSHOT
Here is a high-level snapshot of our privacy practices, but you need to read the
entire Privacy Policy for complete information.
Data Categories Collected
How We Collect
Primary Purposes of Processing
Key Disclosures /
Can You Limit Sharing?
Identifiers such as a real name, Internet Protocol address, email address, or
other similar identifiers
When you visit or use our Services; from third-party sites and services
To provide our Services; to improve, monitor, and personalize our Services; to
communicate with you; for marketing and advertising
Service providers: No
Financing providers: No
Advertising Partners: Yes
Personal information categories listed in the California Customer Records
Statute (e.g., name, contact details)
When you visit or use our Services; from third-party sites and services
To provide our Services; to improve, monitor, and personalize our Services; to
communicate with you; for marketing and advertising
Service providers: No
Financing providers: No
Advertising Partners: Yes
Commercial information, including but not limited to records of products or
services purchased
When you visit or use our Services
To provide our Services; to improve, monitor, and personalize our Services; to
communicate with you; for marketing and advertising
Service providers: No
Advertising Partners: Yes
Internet or other electronic network activity information, including but not
limited to browsing history and search history
When you visit or use our Services
To improve, monitor, and personalize our Services; to communicate with you; for
marketing and advertising
Service providers: No
Advertising Partners: Yes
Inferences drawn from information to create a profile about your behavior,
preferences, etc.
When you visit or use our Services; from third-party sites and services
To improve, monitor, and personalize our Services; to communicate with you; for
marketing and advertising
Service providers: No
Advertising Partners: Yes
Geolocation data
When you visit or use our Services
To improve, monitor, and personalize our Services; to communicate with you; for
marketing and advertising
Service providers: No
Advertising Partners: Yes
Sensitive information
When you visit or use our Services
To provide our Services
Service providers: No
Financing providers: No
YOUR PRIVACY RIGHTS AND CHOICES
Last Updated: 17 May 2023
As explained in our Privacy Policy, you may have certain data rights depending
on your location and the nature of your interactions with our Services.
PERSONAL INFORMATION REQUESTS
Please complete the Privacy Rights Request Form in order to exercise your rights
and choices about the personal information Wayfair holds about you. The request
will be processed in line with applicable law.
* Information about how we have collected and used your personal information.
We have made this information available to you without having to request it
by including it in the Privacy Policy.
* Access to a copy of the personal information that we have collected about
you. Where applicable, we will provide the information in a portable,
machine-readable, readily-usable format.
* Correction of personal information that is inaccurate or out of date.
* Deletion of personal information that we no longer need to provide the
Services or for other lawful purposes.
* Additional rights, such as to object to and request that we restrict our use
of your personal information, and where applicable, you may withdraw your
consent.
Per some US state laws, you may have the right to opt-out of the sale of and use
or sharing of your personal information for targeted advertising purposes. This
includes the sharing of personal data for cross-context behavioral advertising.
Please visit this page to change the applicable settings in your browser or
account.
COOKIES & INTEREST-BASED ADVERTISING
We engage our advertising partners, including third party advertising companies
(such as Google) and social media companies, to display ads around the web.
These companies may use cookies and similar technologies to collect information
(subject to our Cookie Policy) about your interactions over time across our
Services, our communications, and other online services, and use that
information to serve online ads that they think will interest you. This is
called interest-based advertising. For more information, please visit our Cookie
Policy.
COOKIE POLICY
Last Updated: 17 May 2023
Wayfair utilizes cookies and similar technologies for such features as providing
basic website functionality, storing preferences, seeing how our services are
used and offering a tailored experience. This Cookie Policy should be read in
conjunction with our Privacy Policy. If you have any questions or concerns about
the Cookie Policy or its implementation, please contact us at
DataProtectionOfficer@wayfair.com or as otherwise described in our Privacy
Policy.
WHAT ARE COOKIES & SIMILAR TECHNOLOGIES?
* Cookies are text files that websites store on a visitor's device to uniquely
identify the visitor's browser or to store information or settings in the
browser for the purpose of helping you navigate between pages efficiently,
remembering your preferences, enabling functionality, helping us understand
activity and patterns, and facilitating online advertising.
* Local storage technologies, like HTML5, provide cookie-equivalent
functionality but can store larger amounts of data, including on your device
outside of your browser in connection with specific applications.
* Web beacons, also known as pixel tags or clear GIFs, are used to demonstrate
that a webpage or email was accessed or opened, or that certain content was
viewed or clicked.
Collectively we refer to these technologies as "cookies".
HOW DO WE USE COOKIES?
We, our service providers, and our advertising partners use cookies to
automatically log information about an individual's interactions with our
services and communications, such as:
* Device information, such as computer or mobile device operating system type
and version, manufacturer and model, browser type, screen resolution, RAM and
disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique
identifiers (including identifiers used for advertising purposes), language
settings, mobile device carrier, radio/network information (e.g., WiFi, LTE,
3G), and general location information such as city, state, or geographic
area.
* Online activity information, such as pages or screens viewed, how long
individuals spend on a page or screen, the path you take through or to our
website, navigation paths between pages or screens, information about
activity on a page or screen, access times and duration of access, and
whether individuals open our marketing emails or click links within them.
We use both persistent cookies and session cookies. Persistent cookies stay on
your device for a set period of time or until you delete them, while session
cookies are deleted once you close your web browser. We use persistent cookies,
for example, to record your choice of language and country location. The cookies
placed through your use of our website are either set by us (first-party
cookies) or by a third party at our request (third-party cookies).
COOKIE TYPES & DESCRIPTIONS
* Necessary. These cookies are necessary for you to interact with Wayfair's
basic features. For example, they allow you to navigate the site, securely
access important areas like your shopping cart, and more. Also, necessary
cookies are used to maintain the website's security features.
* Customer Preferences. These cookies help us remember your actions so your
site experience is tailored to your unique needs. This is how the site
remembers items you viewed recently and makes certain interactions faster,
like search. These cookies are also needed to preserve your preferences.
* Analytics. These cookies send data to Wayfair for the purpose of analyzing
customer behavior so we can learn from your interactions to improve site
experience for everyone. For instance, this data helps us better understand
how users are finding information and which areas of the site are most
helpful. This way we can evaluate site performance and functionality to
continuously develop, customize, and improve our services and offerings.
Specifically, we use Google Analytics to collect information about how users
use our services, which we then use to compile reports that disclose trends
without identifying individual visitors and help us improve our services. For
more information on Google Analytics, click here. For more information about
Google’s privacy practices, click here. You can opt out of Google Analytics
by downloading and installing the browser plug-in available at:
https://tools.google.com/dlpage/gaoptout.
* Advertising. These cookies are needed to enable Wayfair advertisements
published on our partners' websites to be tailored to your personal
interests. These cookies track your browsing habits so that the
advertisements you see are relevant to your needs.
We may also use web beacons in promotional emails and other communications with
you, to allow us to count how many people read them and to verify any clicks
through to links within an email. We (or our marketing service providers on our
behalf) use this to help us understand how an email campaign performed, what
types of emails and content our recipients find interesting, and what actions
our recipients took, so we can improve our email campaigns in the future and
make our emails more relevant to our recipients. If you do not wish the web
beacon to be downloaded onto your device, you should select to receive emails
from us in plain text rather than HTML.
HOW CAN YOU CONTROL THE USE OF COOKIES?
Depending on where you access the services from, you may be presented with a
cookie banner or other tool to provide permissions prior to non-Necessary
cookies being set. In this case, we only set these non-Necessary cookies with
your consent. Where this option is available, you may revoke your consent at any
time with future effect by clicking on the cookie settings link in the footer of
the website at any time. You may also visit our "Your Privacy Rights & Choices"
page to find out more about the cookies used and your options for opting out.
You can also limit online tracking by:
* Blocking cookies in your browser. Most browsers let you remove or reject
cookies, including cookies used for interest-based advertising. To do this,
follow the instructions in your browser settings. Many browsers accept
cookies by default until you change your settings. For more information about
cookies, including how to see what cookies have been set on your device and
how to manage and delete them, visit https://www.allaboutcookies.org. Use the
following links to learn more about how to control cookies and online
tracking through your browser: Firefox; Chrome; Microsoft Edge; Safari
* Blocking advertising ID use in your mobile settings. Your mobile device
settings can provide functionality to limit use of the advertising ID
associated with your mobile device for interest-based advertising purposes.
* Using privacy plug-ins or browsers. You can block our websites from setting
cookies used for interest-based ads by using a browser with privacy features,
like Brave, or installing browser plugins like Privacy Badger, Ghostery, or
uBlock Origin, and configuring them to block third party cookies/trackers.
* Advertising industry opt-out tools. You can also use these opt-out options to
limit use of your information for interest-based advertising by participating
companies:
* Digital Advertising Alliance for Websites: https://optout.aboutads.info
* Network Advertising Initiative: https://optout.networkadvertising.org
* Platform opt-outs. Some of our advertising partners offer opt-out features
that let you opt out of use of your information for interest-based
advertising, including: Google; LinkedIn; Twitter
Note that because these opt-out mechanisms are specific to the device or browser
on which they are exercised, you will need to opt out on every browser and
device that you use.
Do Not Track. Some Internet browsers can be configured to send "Do Not Track"
signals to the online services that you visit. We currently do not respond to
“Do Not Track” or similar signals. To find out more about "Do Not Track," please
visit https://fpf.org/thank-you-for-visiting-allaboutdnt-com.
ADVERTISING COOKIE PROVIDERS
Bing (Microsoft)
We use Microsoft Bing's ad platforms - specifically Bing's search related Ads
and conversion tracking. Bing's web beacons are used on Wayfair properties to
help personalize ads, optimize campaign performance in order to reduce costs,
and to produce anonymous metrics and analytics, including conversion statistics
related to ad campaigns. They accomplish this by using the beacons to limit the
number of times you see an advertisement, to understand products you may be
interested in, and to understand how effective a particular ad is in driving a
user to make a purchase. The data they collect and cookies they may set are
subject to their privacy policy and can be viewed here:
https://privacy.microsoft.com/en-gb/privacystatement. You can change your
preferences about the adverts you see on Bing by clicking here:
https://account.microsoft.com/privacy/ad-settings/.
Commission Junction (subsidiary of Conversant Media)
We use Commission Junction to help manage affiliates that refer users to Wayfair
sites. Commission Junction's web beacons are placed on our site to confirm that
an affiliate has successfully sent traffic to our site and give them credit for
it. Affiliates receive a commission upon success confirmation through this
process of using Commission Junction's beacons. The data they collect and
cookies they may set are subject to their privacy policy and can be viewed here:
https://www.conversantmedia.com/legal/privacy. You can change your preferences
about interest-based advertising from Commission Junction here:
https://www.conversantmedia.com/optout.
Criteo
Criteo specializes in creating and delivering personalized advertising through
"Criteo Dynamic Retargeting" and "Criteo Sponsored Products." We utilize Criteo
as an advertising service provider and utilize their web beacons to help
personalize advertisements on the Criteo platform. Criteo uses these beacons to
better understand what products you may be interested in and use that
information to display ads related to those products to you. The data they
collect and cookies they may set are subject to their privacy policy and can be
viewed here (including the option to deactivate the Criteo services):
https://www.criteo.com/privacy/.
Facebook
We utilize Facebook as an advertising service provider and their web beacons
(i.e. the Facebook Pixel) to help personalize advertisements on the Facebook
platform. For this purpose, we may use and share information about how you use
Wayfair and certain personal information about you with Facebook via the
Facebook Pixel and by sending the information directly from our servers. This
enables Facebook to help us deliver more relevant advertisements, and to produce
anonymous metrics and analytics, including conversion statistics related to ad
campaigns. They accomplish this by using the beacons to limit the number of
times you see an advertisement, to understand products you may be interested in
and to understand how effective a particular ad is in driving a user to make a
purchase.
Within the scope of online behavioral advertising, we also use the Facebook tool
Custom Audience. We generate a hash value from your data (which may include
name, email address, gender, date of birth, phone number, city, state and
postcode) and send it to Facebook for analysis and marketing purposes. Facebook
compares the hash value with the hash values of their own user data they already
have. Through this comparison, Facebook learns which of our users is also a
Facebook user. We learn whether a match exists and can target our advertising
measures.
The data they collect and cookies they may set are subject to their privacy
policy. You can read more and change your preferences on Facebook here:
https://www.facebook.com/privacy/explanation.
Google (Advertising Services)
We utilize Google's ad platforms—specifically Product Listing Ads, Adwords,
Search Engine Ads, and Ad Serving. Google's web beacons are used on Wayfair
properties to help personalize ads, optimize campaign performance in order to
reduce costs, and to produce anonymous metrics and analytics, including
conversion statistics related to ad campaigns. They accomplish this by using the
beacons to limit the number of times you see an advertisement, to understand
products you may be interested in, and to understand how effective a particular
ad is in driving a user to make a purchase. The data they collect and cookies
they may set are subject to their privacy policy and can be viewed here:
https://policies.google.com/privacy. You can change your preferences about the
adverts you see on Google by clicking here: www.google.com/settings/ads.
LiveIntent
We use LiveIntent as an advertising service provider and their web beacons help
us personalize advertisements on the LiveIntent platform. The web beacons limit
the number of times a customer sees an advertisement and help understand how
effective a particular ad is in driving consumer marketing email subscriptions.
The data they collect and cookies they may set are subject to their privacy
policy and can be viewed here:
https://www.liveintent.com/services-privacy-policy.
Moebel.de
Moebel.de is a furniture and interior design portal that refers users to
Wayfair's sites. Their web beacons are used for conversion tracking purposes and
are placed on our site in order to optimize the traffic that they send over to
Wayfair. The data they collect and cookies they may set are subject to their
privacy policy and can be viewed here: https://www.moebel.de/datenschutz.
Paperplanes
We partner with Paperplanes in order to execute personalized mailer campaigns in
the UK. Paperplanes acts as a processor of your data for these purposes and, as
part of the relationship, we transfer them data such as the site you are
visiting Wayfair from, whether you are a new customer and which pages you have
viewed while on the site. To learn more about PaperPlanes' privacy practices,
please visit their privacy policy at
https://flypaperplanes.co.uk/privacy-policy/.
Pinterest
We utilize Pinterest as an advertising service provider and their web beacons to
help personalize advertisements on the Pinterest platform. These web beacons
enable Pinterest to help us deliver more relevant advertisements, and to produce
anonymous metrics and analytics, including conversion statistics related to ad
campaigns. They accomplish this by using the beacons to limit the number of
times you see an advertisement, to understand products you may be interested in
and to understand how effective a particular ad is in driving a user to make a
purchase. The data they collect and cookies they may set are subject to their
privacy policy. For more information on how Pinterest processes your data,
including the legal basis Pinterest relies on and your privacy rights, visit:
https://policy.pinterest.com/en/privacy-policy. You can change your preferences
about the adverts you see on Pinterest by clicking here:
https://help.pinterest.com/en-gb/article/personalized-ads-on-pinterest.
Taboola
We utilize Taboola as an advertising service provider and their web beacons to
help personalize advertisements on the Taboola platform. Taboola is used on many
websites across the internet to display content-based advertisements. Their web
beacons enable Taboola to help them deliver more relevant advertisements. They
accomplish this by using the beacons to limit the number of times you see an
advertisement, to understand products you may be interested in and to understand
how effective a particular ad is in driving a consumer to subscribe to marketing
emails. The data they collect and cookies they may set are subject to their
privacy policy and can be viewed here (including the option to deactivate
interest-based ads from Taboola):
https://policies.taboola.com/en/privacy-policy/.
Xandr (AppNexus)
We utilize Appnexus to purchase and optimize advertisements on various sites
across the internet. As a programmatic advertising platform, Appnexus provides
Wayfair with the ability to purchase ads across a wide variety of sites through
a single marketplace. Their web beacons are also used to help optimize those
campaigns by delivering more relevant advertisements and optimizing campaign
performance based on how effective a particular ad is in driving a user to make
a purchase (conversion tracking). The data they collect and cookies they may set
are subject to their privacy policy and can be viewed here:
https://www.xandr.com/privacy/platform-privacy-policy/. You can deactivate
interest-based ads from Xandr and access and delete your data at Xandr’s privacy
center: https://platform.xandr.com/privacy-center/.
Yahoo (Verizon Media)
We utilize Yahoo to serve advertisements on their sites. Yahoo's web beacons are
used to help optimize those campaigns by delivering more relevant advertisements
and optimizing campaign performance based on how effective a particular ad is in
driving a user to make a purchase (conversion tracking). The data they collect
and cookies they may set are subject to their privacy policy and can be viewed
here:
https://www.verizonmedia.com/policies/ie/en/verizonmedia/privacy/index.html. You
can adjust your settings and deactivate interest-based ads from Yahoo at Yahoo's
Privacy Dashboard: https://yahoo.mydashboard.oath.com/device.
TERMS OF USE
Last Updated: 6 June 2024
Welcome to Wayfair!
Wayfair LLC and its subsidiaries and affiliates, including Wayfair Illinois LLC
("Wayfair", "we", "us" or "our"), provide website features and other products
and services to you when you visit or shop our family of websites (including
mobile websites) and our mobile applications, or use our software in connection
with any of the foregoing, in each case subject to your compliance with these
Terms of Use. Our family of websites and applications includes Wayfair.com and
the Wayfair mobile application, as well as our other U.S. websites and mobile
applications, including AllModern, Birch Lane, Joss & Main and Perigold
(collectively, the "Sites").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of
Use constitute an agreement between Wayfair and you. Additional terms and
conditions apply to some services offered on the Sites (e.g., the Wayfair
Professional Program, Home Services, and Gift Cards) or through other channels.
Those terms and conditions can be found where the relevant service is offered on
the Sites or otherwise and are incorporated into these Terms of Use by
reference. We recommend that you print out a copy of these Terms of Use for your
records.
By using the Sites, you affirm that you are able and legally competent to agree
to and comply with these Terms of Use. If you do not agree to these Terms of Use
or if you are not legally competent to agree to them, then you may not use the
Sites.
Please note that these Terms of Use contain provisions that govern the
resolution of claims between Wayfair and you, including an arbitration
agreement, class action waiver, and jury trial waiver that affect your rights.
In arbitration, there is no judge or jury and there is less discovery and
appellate review than in court. Please see the Legal Disputes section for
complete details and review carefully.
PRIVACY & SECURITY
Please review our Privacy Policy, which is incorporated into these Terms of Use
and also governs your use of the Sites. To the extent there is a conflict
between the terms of the Privacy Policy and these Terms of Use, the Terms of Use
govern.
Information security is important to Wayfair. We have established appropriate
physical, electronic and managerial safeguards to protect the information that
we collect from or about our users. Wayfair does, however, reserve the right at
all times to disclose any information as Wayfair deems necessary to satisfy any
applicable law, regulation, legal process or governmental request. Please click
here for more information.
You are responsible for all activities that occur under your account on the
Sites, and for establishing security procedures for maintaining the security and
confidentiality of passwords associated with your account. You may not share
your account or password with anyone, and you agree to (1) notify Wayfair
immediately of any unauthorized access to or use of your password or any other
breach of security; and (2) exit from your account at the end of each session on
the Sites. You agree not to create an account using a false identity or
information, or on behalf of someone other than yourself.
CHANGES
Wayfair reserves the right, at any time, to change these Terms of Use, our
Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively
to claims for which you or Wayfair have given notice. Your use of the Sites
following any such change constitutes your agreement to follow and be bound by
the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use
and/or Privacy Policy supersede all previous versions, notices or statements
regarding the Sites. If we request, you agree to sign a non-electronic version
of these Terms of Use.
We will notify you of any change to these Terms of Use by any reasonable means,
such as by updating the "Last Updated" date at the top of these Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
The Sites contain valuable trademarks and service marks owned and used by
Wayfair, including but not limited to, Wayfair, the Wayfair design logo, Joss &
Main, AllModern, Birch Lane, Perigold, and the tag lines "every style every
home" and "a zillion things home" (collectively, the "Wayfair Marks"). Any use
of the Wayfair Marks without the prior written permission of Wayfair is strictly
prohibited. The arrangement and layout of the Sites, including but not limited
to, the Wayfair Marks, images, text, graphics, buttons, screenshots, music,
digitally downloadable files, and other content or material (collectively, the
"Site Content"), are the sole and exclusive property of Wayfair.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING
ALL OR ANY PART OF THE SITES IS PROHIBITED.
Wayfair uses a network of independent product and content suppliers,
distributors and other such third parties to supply some of the products and
content advertised on the Sites. All other trademarks, service marks, product
names, package designs and company names or logos associated with these product
and content suppliers, distributors and other such third parties that are not
owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy.
PRODUCT REVIEWS, SOCIAL MEDIA, AND OTHER USER-GENERATED CONTENT
From time to time, the Sites permit the submission of content, such as comments,
photographs, text, graphics, moving images, sound, illustrations, blogs and
product reviews, or any content or information that you publish through social
media and permit us to feature by your use of the Wayfair Social Tags (as
defined herein) or general written consent, whether generated by you and other
users (in each case, "User Content"). User Content is governed by these Terms.
You are solely responsible for your own User Content and the consequences of
posting or publishing it. Any User Content or other material, information or
ideas that you submit to or post or publish on the Sites is non-confidential and
non-proprietary. You acknowledge that you will not be paid for Wayfair’s use of
your User Content.
By submitting User Content directly or by using the Wayfair Social Tags (as
defined herein), you represent and warrant to Wayfair that: (i) you have used
and are personally familiar with the product that is the subject of your User
Content, (ii) your User Content is accurate, honest, and reflects your opinion,
(iii) your User Content contains clear and conspicuous disclosures if your User
Generated Content is submitted as a result of a sweepstakes entry or gift from
Wayfair, (iii) does not violate any copyright, trademark, trade secret, patent
or other intellectual property right, any right of privacy or publicity of any
third party or any applicable law, rule or regulation, (iv) you own or have the
legal right to use and authorize Wayfair to use your User Content, including
written consent to use of any product or the name, voice, likeness or any other
applicable personal rights of each identifiable person featured or referenced in
your User Content and (v) your User Content does not violate Wayfair’s
Acceptable Use Policy set forth below; (vi) and that you will indemnify Wayfair
for all claims resulting from User Content that you supply.
As between you and Wayfair, you will retain all of your ownership rights in and
to your User Content. By submitting User Content to Wayfair, you hereby grant to
Wayfair a perpetual, worldwide, non-exclusive, irrevocable, royalty-free,
sublicensable (through multiple tiers) and transferable right and license to
use, reproduce, distribute, edit, modify, adapt, translate, reformat, publish,
prepare derivative works based upon, display publicly, perform publicly and
otherwise exploit (including but not limited to over the Internet, broadcast
television or any other uses or media) your User Content, in whole or in part,
including future rights that Wayfair (or its successor) may otherwise become
entitled to that do not yet exist, as well as new uses, media, means and forms
of exploitation throughout the universe exploiting current or future technology
yet to be developed. You also hereby grant: (i) to Wayfair the right to use the
name and social media user profile associated with your User Content, and (ii)
to each user of the Sites a non-exclusive license to access your User Content
through the Sites and to use, access, watch, reproduce, distribute, transmit,
forward, display and perform such User Content in whole or in part, to the
extent permitted by the Sites under these Terms of Use. We may display your User
Content or create and display derivative works, including but not limited to
advertisements, from your User Content on pages or mediums where your User
Content may be viewed by you or others, and we may use your User Content or the
created derivative works to advertise, market and promote Wayfair or the Sites.
Wayfair does not endorse any User Content or any opinion, recommendation, or
advice expressed therein. Wayfair reserves the right but is not obligated to
monitor User Content or other content sent to or through the Sites. Wayfair has
the right to refuse, remove, edit or delete any User Content and/or to terminate
any user’s access to the Sites for any reason. Wayfair takes no responsibility
and assumes no liability for User Content. To the extent that User requires that
User Content must be taken down due to third party copyright claims, please
review our Copyright Policy.
SOCIAL MEDIA TAG USAGE
When you tag us, we may want to share the User Content that you post.
BY USING #WAYFAIRATHOME, #WAYFAIR, #SHAREWITHWAYFAIR, #WAYFAIRFINDS,
#YESALLMODERN, @PERIGOLD, #PERIGOLDDESIGN, #MYBIRCHLANE, @BIRCHLANE,
#MYJOSSANDMAIN, @JOSSANDMAIN, #AMCOMMUNITY, @ALLMODERN, OR @WAYFAIR AND ANY
OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES (THE
“WAYFAIR SOCIAL TAGS”), EACH USER AGREES TO PROVIDE WAYFAIR WITH AN
UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE,
WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S), TEXT, GRAPHICS, MOVING IMAGES,
SOUND, AND ILLUSTRATIONS, OR ANY OTHER MATERIALS IN ANY AND ALL MARKETING
MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH
USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO,
COPYRIGHTS AND TRADEMARK RIGHTS.
ACCEPTABLE USE POLICY
By submitting User Content and otherwise using the Sites, you agree not to: (i)
submit any User Content that is protected by or otherwise subject to any third
party intellectual property or proprietary rights (including any privacy and
publicity rights) unless you own, or have permission from the rightful owner of
such rights to post such User Content and to grant Wayfair all of the rights
granted herein; (ii) submit any User Content containing minors’ likenesses that
does not comport with relevant laws, rules, and regulations (iii) upload, post,
e-mail or otherwise transmit any content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or
racially, ethnically or otherwise objectionable; (iv) use the Sites to harm any
person or entity, including Wayfair; (v) impersonate any person or entity,
including but not limited to, a representative of Wayfair, or falsely state or
otherwise misrepresent your affiliation with a person or entity; (vi) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted to or through the Sites; (vii) upload, post, e-mail or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, junk mail or any other form of solicitation; (viii) upload, post,
e-mail or otherwise transmit any content that contains computer viruses or other
computer code, files or programs that interrupt, destroy or limit the
functionality of the Sites or any other computer software or hardware or
telecommunications equipment; (ix) intentionally or unintentionally violate any
applicable local, state, national or international laws, rules or regulations,
including but not limited to those promulgated by the U.S. Federal Trade
Commission, U.S. Securities and Exchange Commission; (x) collect, store or use
personal information about other users of the Sites without their consent; (xi)
use the Sites (including through submission of User Content) to disparage or
make unsubstantiated claims about any person, third party or its/their products
or services; (xii) use any of the Sites in any manner that could overburden or
impair any of the Sites or the networks or systems connected to the Sites;
and/or (xiii) use any device, software or instrumentality to interfere with the
proper working of the Sites or disobey any requirements, procedures, policies or
regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of
the Sites. Violations of system or network security may result in civil or
criminal liability. Wayfair reserves the right to investigate occurrences which
may involve such violations and may involve and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations.
You further agree that you may not use, or allow any other person or entity to
use, any materials found on this website for the purpose of investigating,
supporting, threatening or filing any intellectual property infringement claim
against Wayfair or its affiliates or for the purpose of developing or using an
offering or product directly or indirectly competing with an offering or product
from Wayfair. Your failure to comply with these prohibitions constitutes breach
of these Terms of Use with respect to the materials at issue. Each instance of
noncompliance (e.g., each use of a digital file contrary to these Terms of Use)
constitutes a separate instance of breach and subjects you to a payment
obligation in the amount of $75,000 USD per instance of breach, as liquidated
damages and not as a penalty. In addition, Wayfair reserves the right to seek
damages for infringement for copyrighted materials. You agree that damages
reasonably anticipated from a potential breach are difficult to ascertain
because of their indefiniteness or uncertainty and the amount stipulated is
reasonably proportionate to the damages actually caused by the breach.
PRODUCT ORDERS
The receipt of an order number or an email order confirmation does not
constitute the acceptance of an order or a confirmation of an offer to sell.
Wayfair reserves the right, without prior notification, to limit the order
quantity on any item and/or to refuse service to any customer. Verification of
information may be required prior to the acceptance of an order. However, by
confirming your purchase at the end of the checkout process, you agree to accept
and pay for the products as well as the shipping and handling charges and
applicable taxes. The sales tax is based on the applicable state and local tax
rates and laws, as well as the relevant circumstances such as the shipping,
destination and/or service location of your order. For example, certain orders
placed via mobile application while engaging with store-specific mobile
application features are accepted, and payment is deemed received, at the
participating store location, so that in some states the order will be deemed
placed at the store location. As another example, orders placed on the Sites
without using a store-specific mobile application, for shipment to destinations
within the State of Illinois, are sold by Wayfair Illinois LLC, as indicated by
your email order confirmation and invoice. Please consult a tax professional for
more information regarding the applicable sales tax on your order. Your email
order confirmation and invoice will identify the seller of record for your order
and the applicable sales tax rate. Prices and availability of products on the
Sites are subject to change without notice. Errors will be corrected when
discovered and Wayfair reserves the right to revoke any stated offer and to
correct any error, inaccuracy, or omission (including after an order has been
submitted). Certain orders constitute improper use of the Sites and the Wayfair
Rewards Program described below. Wayfair reserves the right, at its sole
discretion, to refuse or cancel any order for any reason. Your account may also
be restricted or terminated for any reason, at Wayfair's sole discretion. Items
purchased pursuant to a quantity discount may be re-priced upon cancellation.
ABOUT OUR PRICES
Where a product listing on our Sites references a higher price, typically
denoted by a strikethrough (e.g. "$549"), such higher price represents the
retail price suggested by the manufacturer or supplier. In the absence of a
price suggested by the manufacturer or supplier, this price represents the
highest price at which we offered or sold the product at some point in the past.
For “Flash Deals”, where a product is temporarily being sold at a reduced price,
an additional strikethrough price is presented that represents a recent previous
price before the Flash Deal promotion. The "Sale" tag on a product listing on
our Sites signifies that we are selling the product at a discount from a price
in the previous 90 days. The Wayfair's Choice badge represents a shortlist of
highly-rated, well-priced products we know customers love.
When we use the term “Closeout,” we mean either that the product has been
permanently reduced and will not return to the original price or that the
product is temporarily being sold at a reduced price in order to clear an
overstock of either Wayfair or supplier inventory. Prices of products listed on
our Sites as “Closeout” may fluctuate during the “Closeout” promotion period for
such products. For temporary “Closeout” pricing, such products may return to
prices that are equal to or greater than their original prices upon expiration
of the applicable “Closeout” promotion period.
We do not price match. Promotional codes can only be applied during purchase.
Customer Service will be unable to honor any promotional code adjustments
post-order.
Prices and promotions on the Sites may differ from prices and promotions at our
physical retail locations.
WAYFAIR REWARDS PROGRAM
The Wayfair Rewards Program (the "Rewards Program") is exclusively for users of
the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Participating Sites in accordance with these Terms of
Use. Please click here for complete Rewards Program details, as may be in effect
from time to time and which are incorporated herein by reference.
LINKS TO OTHER WEBSITES
The Sites may contain links to third-party websites ("Other Sites") that are not
under Wayfair's control. Wayfair makes no claim and accepts no responsibility
regarding the quality, nature or reliability of the Other Sites that are
accessible by hyperlinks from the Sites or link to the Sites. Wayfair provides
these links to you as a convenience and the inclusion of any link does not imply
endorsement by Wayfair of Other Sites or any association with the operators of
such Other Sites. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at any third-party sites.
MOBILE DEVICES, SMS, AND MOBILE APPLICATIONS
If you use a mobile device to access pages of the Sites optimized for
mobile-viewing, opt in to receive SMS (text messages) from Wayfair (as/when
available), or use a mobile application, the following additional terms and
conditions ("Mobile Terms") also apply to you. Your access to the Sites via your
mobile device or use of a mobile application confirms your agreement to these
Mobile Terms, as well as the rest of the Terms of Use.
By opting in, you agree to receive promotional and personalized marketing text
messages (e.g., SMS and MMS) on your mobile device from Wayfair, including text
messages that may be sent using an automatic telephone dialing system, to the
phone number you provided when signing up or any other phone number that you
designate. These messages may be recurring or one-time messages.
Message frequency varies. Wayfair reserves the right to alter the frequency of
messages sent at any time, so as to increase or decrease the total number of
sent messages. Wayfair also reserves the right to change the short code or phone
number from which messages are sent and we will notify you when we do so.
Our SMS text messaging programs may include:
* 84047: Promotional messages, message frequency varies
* 84047: Shopping cart reminders, message frequency varies
* 76069: Order updates and / or authentication texts, message frequency varies
Your consent is not required as a condition of purchasing any goods or services
from Wayfair. You can opt out at any time and for any reason by following
provided instructions or by texting "STOP" to the number associated with the SMS
message. You will receive one further message confirming you are unsubscribed.
You acknowledge that our text message platform may not recognize and respond to
unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or
QUIT keyword commands and agree that Wayfair and its service providers will have
no liability for failing to honor such requests. If you unsubscribe from one of
our text message programs, you may continue to receive text messages from
Wayfair through any other programs you have joined until you separately
unsubscribe from those programs. If you wish to join again, you can opt in at
any time. If you have any questions or require further assistance, you may
respond "HELP" to the number associated with the SMS message. For more
information, please contact us by emailing service@wayfair.com (please reference
"Questions about SMS").
By agreeing to receive SMS messages from Wayfair, you certify that you are over
18 years of age and (a) you are the mobile account holder or (b) you have the
account holder's permission to enroll the designated mobile phone number and
understand that message and data rates may apply. You agree that you are solely
responsible for all message and data charges that apply to use of your mobile
device to access the Sites or use of a mobile application. All such charges are
billed by and payable to your mobile service provider. Not all mobile devices or
handsets may be supported and our messages may not be deliverable in all areas.
Please contact your participating mobile service provider for pricing plans,
participation status and details. Wayfair, its service providers, and the mobile
carriers are not liable for delivered or undelivered content. You understand
that wireless through Wi-Fi or a participating mobile service provider may not
be available in all areas at all times and may be affected by product, software,
coverage or other service changes made by your mobile service provider or
otherwise. Additional terms and conditions may apply to your use of a mobile
application, based on the location and nature of use and the type of mobile
device on which you install and use the mobile application.
View our Privacy Policy here.
NOTICE TO CALIFORNIA RESIDENTS
California Proposition 65 requires that special warnings be provided when
products contain chemicals known by the State of California to cause cancer,
birth defects, or other reproductive harm if the use of those products may cause
exposure to those chemicals above specific limits. These warnings relate to some
but not all tools, lead crystal glassware, ceramic tableware, tiffany style
lamps, and electrical cords. Please call us prior to ordering if you have any
questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Wayfair provides users of the
Sites with the following notice: You may report complaints to the Consumer
Information Division of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone
at 800-952-5210.
COMMUNICATIONS WITH WAYFAIR
For all communications made to or with Wayfair, including but not limited to
feedback, questions, comments, suggestions and the like: (i) you will have no
right to confidentiality in your communications and Wayfair will have no
obligation to protect your communications from disclosure; (ii) Wayfair will be
free to reproduce, use, disclose and distribute your communications to others
without limitation; and (iii) Wayfair will be free to use any ideas, concepts,
know-how, content or techniques contained in your communications for any purpose
whatsoever, including, but not limited to, the development, production and
marketing of products and services that incorporate such information.
INDEMNITY
You agree to indemnify and hold Wayfair and its agents and licensors harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of (i) your use of the Sites, including any
User Content you submit, post to or transmit through the Sites, (ii) your
violation of these Terms of Use or (iii) your violation of any rights of another
user.
DISCLAIMER OF WARRANTIES
Wayfair intends for the information and data contained in the Sites to be
accurate and reliable but since the information and data have been compiled from
a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You
expressly agree that your use of the Sites and any information contained therein
is at your sole risk. Accordingly, to the extent permitted by applicable law,
WAYFAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not
allow the disclaimer of warranties or conditions so such disclaimers may not
apply to you.
LIMITATION ON LIABILITY
IN NO EVENT WILL WAYFAIR OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING
INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO
PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE
SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER
BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WAYFAIR HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to
all content, merchandise and services available through the Sites or other
channels. Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions
liability is limited to the fullest extent permitted by law. Regardless of the
previous paragraphs, if Wayfair is found to be liable, our liability to you or
to any third party is limited to the greater of (a) the amount in dispute not to
exceed the total amount which you paid to us in the twelve (12) months prior to
the action giving rise to the liability or (b) USD $100.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO
WAYFAIR, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR
OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE
PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY
AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE
ACTION. Other rights that you would have if you went to court, such as access to
discovery or appeals, also might be unavailable or limited in arbitration.
Agreement to Binding Arbitration; Class Action Waiver
Any dispute, claim or controversy (that is not resolved informally as set forth
below) between you and Wayfair, its agents, employees, officers, directors,
principals, successors, assigns, subsidiaries or affiliates (collectively for
purposes of this section, 'Wayfair') arising from or relating in any way to: (1)
these Terms of Use and their interpretation or the breach, termination or
validity thereof, and the relationships which result from these Terms of Use;
(2) your use of any website owned or operated by Wayfair and its affiliated
brands; or (3) any products or services sold or distributed by Wayfair and its
affiliated brands or through any website owned or operated by Wayfair and its
affiliated brands (collectively, “Covered Disputes”) will be resolved by binding
arbitration, rather than in court. Covered Disputes shall be interpreted
broadly.
Mandatory Informal Dispute Resolution
Wayfair values its customers and seeks to resolve disputes informally where
possible. Before formally pursuing a Covered Dispute in arbitration, you agree
to first send a detailed notice (“Notice”) to Wayfair by email at
legal@wayfair.com. If Wayfair has a dispute with you, Wayfair agrees to first
send a detailed Notice to your e-mail address on file with us. Your Notice must
contain all of the following information: (1) your full name; (2) your address,
telephone number, and email address; (3) information sufficient for Wayfair to
identify any transaction at issue (e.g., your order number, order confirmation
communication, etc.); and (4) a detailed description of your dispute, the nature
and basis of your claim(s), and the nature and basis of the relief you are
seeking with a calculation for it. You must personally sign this Notice.
Wayfair’s Notice will likewise set forth (1) information sufficient for you to
identify any transaction at issue and (2) a detailed description of our dispute,
the nature and basis of our claim(s), and the nature and basis of the relief we
are seeking with a calculation for it. You and Wayfair agree to negotiate in
good faith about the dispute in an effort to swiftly resolve it to your
satisfaction without the need for a formal proceeding. Should Wayfair request a
telephone conference with you in an effort to resolve your dispute as part of
this informal process, you agree to personally participate (with your counsel if
you are represented). This process should result in resolution of the dispute,
but if for some reason it is not resolved within 60 days after receipt of a
fully completed Notice and the parties have not agreed to extend this time
period, you or Wayfair may initiate an arbitration. Compliance with and
completion of this mandatory informal dispute resolution process is a condition
precedent to filing any demand for arbitration. The statute of limitations and
any filing fee deadlines shall be tolled while the parties engage in this
process. Unless prohibited by applicable law, the arbitration administrator
shall not accept or administer any demand for arbitration unless the claimant
has certified in writing that they have fully complied with this process. This
certification shall be personally signed by you or Wayfair. A court shall have
the authority to enjoin the filing or prosecution of arbitrations without first
providing a fully completed Notice and participating in good faith in this
informal dispute resolution process.
Initiating Arbitration and Arbitration Rules
Any arbitration between you and Wayfair shall be administered by National
Arbitration and Mediation (“NAM”) in accordance with NAM’s operative
Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in
effect at the time any demand for arbitration is filed with NAM, as modified by
this Legal Disputes Section. For a copy of the NAM Rules, please visit
https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s
National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY
11530 and email address commercial@namadr.com. If NAM is unavailable or
unwilling to administer the proceeding under the Legal Disputes Section as
written, the parties agree that the arbitration shall be administered by the
American Arbitration Association (“AAA”) pursuant to the AAA Consumer
Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA
Rules") in effect at the time any demand for arbitration is filed with AAA, as
modified by this Legal Disputes Section. If the AAA is unavailable or unwilling
to apply this Legal Disputes Section as written, the parties shall mutually
agree on an alternative administrator that will administer the proceeding under
the Legal Disputes Section as written. If the parties are unable to agree, they
will petition a court of competent jurisdiction to appoint an arbitration
administrator that will do so. Any arbitration will be held before a single
neutral arbitrator.
To begin an arbitration proceeding, you must send the demand for arbitration or
arbitration notice form made available from the arbitration administrator and
supplement that form with a detailed description of your claim, including with
the information required for your Notice and the accompanying signed
certification of compliance with the informal process referenced above
(collectively referred to as “demand for arbitration”), to NAM (or to AAA if it
is the administrator as set forth above). You must personally sign your demand
for arbitration. You agree to also send Wayfair a copy of your demand for
arbitration at legal@wayfair.com. If Wayfair initiates arbitration, we will send
a copy of our demand for arbitration to your email address on file with us.
You may choose to have the arbitration conducted by telephone, virtually, based
on written submissions, or in person in the county where you live or at another
location reasonably convenient for you, or at a mutually agreed-upon location.
Wayfair reserves the right to request an in-person or videoconference hearing at
any point within 14 days after its deadline to file any answer. After that time,
Wayfair retains the right to request an in-person or virtual hearing from the
arbitrator, which the arbitrator may elect to require along with your
participation (with your counsel if you are represented). Should a hearing take
place in person, it shall take place consistent with the geographic parameters
set forth above.
Arbitration Fees
Payment of all filing, administration and arbitrator fees will be governed by
the NAM Rules (or the AAA Rules should AAA be the designated administrator as
set forth above). Upon a showing of financial hardship, Wayfair will consider
your request to promptly reimburse your portion of the arbitration fees provided
for in the NAM (or AAA) Rules.
Arbitration Authority
The arbitrator has the sole authority to and shall address all claims or
arguments by both parties concerning the formation, legality, and enforceability
of this arbitration clause, the scope of this clause, and the arbitrability of
any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration
award is limited. However, an arbitrator can award on an individual basis the
same damages and relief as a court (including injunctive and declaratory relief
or statutory damages) only in favor of the individual party seeking relief and
only to the extent necessary to provide relief warranted by that party’s
individual claim. The arbitrator may not award relief for or against anyone who
is not a party to the proceeding. The arbitrator is bound by and must follow the
terms of these Terms of Use as a court would. Regardless of the manner in which
the arbitration is conducted, the arbitrator shall issue a reasoned written
decision sufficient to address the essential findings and conclusions of law on
which the award is based. The arbitration award shall be binding only between
you and Wayfair and shall have no preclusive effect in any other arbitration or
proceeding involving a different party, provided that the arbitrator may
consider rulings in other arbitrations involving different individuals. The
arbitrator may award fees and costs as provided by the NAM Rules (or the AAA
Rules if AAA is the designated administrator as set forth above) or to the
extent such fees and costs could be awarded in court or if the arbitrator
determines that a claim, proceeding, or defense was frivolous or brought for
harassment, for an improper purpose, or in bad faith. The arbitrator shall apply
the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Wayfair
may elect to have an individual claim heard in small claims court consistent
with any applicable jurisdictional and monetary limits that may apply, provided
that it is brought and maintained as an individual claim and is not appealed or
removed to any court of general jurisdiction; and (2) you agree that you or
Wayfair may bring suit in court to enjoin infringement or other misuse of
intellectual property rights.
Jury Trial and Class Action Waiver
Except as the Terms of Use otherwise provide and to the fullest extent permitted
by law, you and Wayfair acknowledge and agree that you are each waiving the
right to a trial by jury and to the litigation of disputes in state or federal
courts of general jurisdiction. The parties further agree that any arbitration
shall be conducted in their individual capacities only and not as a class
action/class arbitration or other representative action, and the parties
expressly waive their right to file a class action or seek relief on a class
basis. You and Wayfair may not be plaintiffs or class members in any purported
class, collective, private attorney general, or representative proceeding, or
otherwise make or proceed with any claim on a collective or consolidated basis,
and may each bring claims against the other only in your or its individual
capacity. As referenced above, the arbitrator may award declaratory or
injunctive relief only on an individual basis and only to the extent necessary
to provide relief warranted by the individual claim. If a court determines that
this class action waiver is not enforceable as to a particular claim or request
for relief and all appeals from that decision have been exhausted (or the
decision is otherwise final), then the parties agree that that particular claim
or request for relief shall proceed in court but shall be stayed pending
arbitration of the remaining claims.
Special Additional Procedures for Mass Arbitration
If 25 or more individuals seek to initiate arbitrations with Wayfair raising
similar claims, and counsel for the individuals bringing the claims are the same
or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and
Wayfair agree that these additional procedures shall apply, along with the
applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as
set forth above). You understand and agree that if you choose to initiate your
claim as part of Mass Claims, the adjudication of your claim might be delayed.
Counsel for the individuals and counsel for Wayfair shall each select 15 cases
(per side) to be filed in and proceed in arbitration in bellwether proceedings
to be resolved individually. Each case shall be assigned to a separate and
different arbitrator. In the meantime, no other cases may be filed or deemed
filed in arbitration, and the arbitration administrator shall not accept or
administer arbitrations commenced in violation of these procedures. If the
parties are unable to resolve the remaining cases after the conclusion of the
first stage of bellwether proceedings, each side may select another 15 cases
(per side) to be filed in and proceed in arbitration in a second set of
bellwether proceedings to be resolved individually. Each case shall be assigned
to a separate and different arbitrator. This process shall continue consistent
with this staged process of administering and moving forward a maximum of 30
individual arbitration proceedings at a time until the parties are able to
resolve all of the Mass Claims, either through settlement or arbitration. If
these additional mass arbitration procedures apply to your claim, any applicable
statute of limitations shall be tolled from the time the first cases are
selected for a bellwether proceeding until your claim is selected for a
bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the
authority to enforce these mass arbitration procedures and, if necessary, to
enjoin the filing or prosecution of arbitrations.
Governing Law
You and Wayfair agree that any claim between us involves commerce under, and is
governed exclusively by, the Federal Arbitration Act ("FAA") and federal law,
and not by any state or local laws, or the laws of other countries, concerning
or purporting to place limits on the availability or scope of arbitration or in
any way imposing requirements beyond or inconsistent with those set forth in the
FAA. Where otherwise applicable, the laws of the Commonwealth of Massachusetts
apply. Should any action proceed in court (other than in small claims court),
you consent to the exclusive jurisdiction of the federal and state courts of the
Commonwealth of Massachusetts.
Other
To the extent that any other provision of the Terms of Use is found to be
inconsistent with rights, duties, and requirements of this arbitration
agreement, or where the application of such a provision would change or render
unenforceable any part of this arbitration agreement, such provision shall be
null and void and the terms of this arbitration agreement shall control.
TERMINATION
Your ability to access and use the Sites remains in effect until terminated in
accordance with these Terms of Use. You agree that Wayfair, in its sole
discretion, may terminate your account and your use of the Sites and may remove
and delete your User Content if Wayfair believes that you have violated or acted
inconsistently with these Terms of Use or for any other reason. Wayfair also may
in its sole discretion and at any time discontinue providing the Sites, or any
part thereof, with or without notice. You agree that any termination of your
access to the Sites may be effected without prior notice and you acknowledge and
agree that Wayfair may bar any further access to the Sites. Further, you agree
that Wayfair will not be liable to you or any third-party for any termination of
access to the Sites.
For instructions for deleting your account, please see the "Your Privacy Rights
and Choices" section of our Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content,
Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of
Liability, Legal Dispute sections, together with and any other rights and
obligations which by their nature are reasonably intended to survive such
termination, will survive any termination of these Terms of Use.
RIGHT TO ACCESS
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm
that you are over age 13. If you are under age 13, you may not access or use the
Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S
REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN
RESPECT OF SUCH TEENAGER'S USE OF THE SITES.
OUTAGES
Wayfair periodically schedules system downtime for the Sites for maintenance and
other purposes. Unplanned system outages also may occur. You agree that Wayfair
has no responsibility and is not liable for: (a) the unavailability of any of
the Sites; (b) any loss of data, information or materials caused by such system
outages; (c) the resultant delay, mis-delivery or non-delivery of data,
information or materials caused by such system outages; or (d) any outages
caused by any third parties, including without limitation any companies or
servers hosting any of the Sites, any Internet service providers or otherwise.
JURISDICTIONAL ISSUES
The Sites are operated by Wayfair from its offices in Boston, Massachusetts,
USA. The Sites are intended for users who reside in the United States of
America. Wayfair makes no representations or warranties that the Sites or any
materials contained in them are valid, appropriate or available for use outside
of the United States. If you access and use the Sites outside the United States,
you do so at your own risk and are responsible for compliance with applicable
local laws. Wayfair reserves the right to limit the availability of the Sites
and/or the provision of any service, program or other product described thereon
to any person, geographic area or jurisdiction, at any time and in our sole
discretion. Any software on the Sites is subject to United States export
controls and may not be downloaded or otherwise exported or re-exported: (a)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria or any other country to which the United States has embargoed goods or
which is subject to other applicable U.S. trade sanctions; or (b) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using any
software from the Sites, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any
such list.
GENERAL INFORMATION
No waiver of any provision or any breach of this Agreement will constitute a
waiver of any other provisions or any other or further breach. In the event that
any provision of this Agreement is determined to be illegal or unenforceable,
the balance of the Agreement shall continue to be fully valid, binding, and
enforceable. These Terms of Use set forth the entire Agreement between you and
Wayfair with respect to use of the Sites and supersede any prior agreements
between you and Wayfair relating to such subject matter. The Terms are not
assignable, transferable or sublicensable by you except with Wayfair's prior
written consent. No waiver by either party of any breach or default hereunder
will be deemed to be a waiver of any preceding or subsequent breach or default.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms of Use.
Any heading, caption or section title contained herein is inserted only as a
matter of convenience and in no way defines or explains any section or provision
hereof. Wayfair's performance of these Terms of Use is subject to existing laws
and legal process, and nothing contained in these Terms of Use is in derogation
of Wayfair's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Sites or information
provided to or gathered by Wayfair with respect to such use. A printed version
of these Terms of Use and of any notices given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to
these Terms of Use to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form. The parties agree that all correspondence relating to these Terms
of Use must be written in the English language.
VIOLATIONS
Please report any violations of these Terms of Use to the system administrator
here.
QUESTIONS?
If you have questions, comments or complaints about these Terms or the Sites,
please contact us here (please reference "Questions about the Sites").
WAYFAIR'S COPYRIGHT POLICY
Last Updated: 14 March 2024
This Copyright Policy describes Wayfair's policy of prohibiting any information
or materials that violate another party's intellectual property rights from
appearing on www.Wayfair.com, www.AllModern.com, www.JossandMain.com,
www.BirchLane.com, www.Perigold.com and their related domains (collectively, the
"Site").
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
a copyright owner who believes that material appearing on the Internet infringes
his, her or its rights under U.S. copyright law. Wayfair complies with the DMCA
by responding to notices and counter-notices that meet the then-current DMCA
requirements. Please visit http://www.copyright.gov/ for details about current
DMCA requirements.
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you believe in good faith that material appearing on the Site infringes your
copyright, you (or your agent) may submit an electronic notification to Wayfair
via this Intellectual Property Claim Form, pursuant to the DMCA (a "DMCA
Notice"). Completing this form will ensure that Wayfair has all the necessary
information to process your claim as soon as possible and is the most efficient
way to submit a notice of alleged copyright infringement.
If you cannot use the electronic form, you may mail Wayfair a written
notification by following these instructions.
COUNTER NOTIFICATION
If you believe in good faith that your own copyrighted material has been removed
from the Site as a result of mistake or misidentification, you may submit a
written counter notification email / letter to Wayfair's Copyright Agent
pursuant to Sections 512(g)(2) and (3) of the DMCA. Follow these instructions to
ensure that Wayfair has all the necessary information to process your claim as
soon as possible.
WRITTEN COPYRIGHT CLAIM & COUNTER NOTIFICATION INSTRUCTIONS
Last Updated: 14 March 2024
WRITTEN NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
You may opt to mail Wayfair a written notification letter or email to our
Copyright Agent (identified below). Your notice must contain all of the
information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and
request that the material be removed or that access to it be blocked. Your DMCA
Notice must include:
1. Identification in sufficient detail of the copyrighted work that you claim
has been infringed. If multiple copyrighted works on the Site are covered by
a single notification, you may provide a representative list of such works
on the Site; however, the representative list must still contain sufficient
detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Site that
contains the material that you claim to be infringing your copyright. You
must provide us with reasonably sufficient information to enable us to
locate the alleged infringing material and comply with your request to
remove or deny access to the material;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a
person authorized to act on the copyright owner's behalf;
5. A statement that you have a good faith belief that use of the material on
the Site as you have described in the DMCA Notice is not authorized by the
copyright owner or its agent or the law; and
6. A statement that you swear under penalty of perjury that the information
contained in your notification is accurate and that you are the copyright
owner or that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
You must submit any notification of an alleged copyright infringement to
Wayfair's Copyright Agent by mail or email as set forth below:
Wayfair Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair DMCA Notice")
If you fail to comply with all of the above requirements, your DMCA Notice will
not be valid. Please note that you may be liable for damages, including court
costs and attorneys' fees, if you materially misrepresent that materials on the
Site are infringing a copyright.
COUNTER NOTIFICATION
If you believe in good faith that your own copyrighted material has been removed
from the Site as a result of mistake or misidentification, you may submit a
written counter notification letter or email to Wayfair's Copyright Agent
pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter
notification under the DMCA, your written correspondence must include
substantially the following:
1. Identification of the material that has been removed or disabled and the
location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District
Court in which your address is located or in Boston, Massachusetts if your
address is outside the United States;
3. A statement that you will accept service of process from the party that
filed the notification of alleged copyright infringement or the party's
agent;
4. Your name, address and telephone number;
5. A statement that you swear under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a
result of mistake or misidentification of the material to be removed or
disabled, or that the material identified by the complaining party has been
removed or disabled at the URL or web location and will no longer be shown
or accessible; and
6. Your physical or electronic signature.
You may submit your counter notification to Wayfair's Copyright Agent by mail or
email as set forth below:
Wayfair Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair DMCA Notice")
Upon receipt of a counter notice, Wayfair's Copyright Agent may send a copy of
it to the original complaining party informing that party that Wayfair may
replace the removed content or cease disabling it. Unless the copyright owner
files an action seeking a court order against Wayfair, the removed content may
be replaced or access to it restored by Wayfair.
You acknowledge that if you fail to comply with all of the above requirements,
your DMCA counter notification will not be valid. Please note that if you
materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and
attorneys' fees.
WAYFAIR PROFESSIONAL PROGRAM TERMS
Last Updated: 22 August 2018
The Wayfair Professional Program (the "Wayfair Professional Program") is
exclusively for users of the Sites who have enrolled in the Wayfair Professional
Program in accordance with the terms hereof (“Program Members”). The Wayfair
Professional Program is designed to provide Program Members with additional
benefits and exclusive services.
The terms and conditions applicable to the Wayfair Professional Program (the
“Wayfair Professional Program Terms”) are as set forth herein. Wayfair reserves
the right, at any time and in its sole discretion, to change the Wayfair
Professional Program Terms. When we post material modifications to the Wayfair
Professional Program Terms, we will revise the “Last Updated” date at the top of
this section. Your use of the Wayfair Professional Program after the posting of
any update to the Wayfair Professional Program Terms constitutes your agreement
to be bound by such Wayfair Professional Program Terms, as revised. We encourage
you to periodically review this section for the latest Wayfair Professional
Program Terms. If you object to any update to the Wayfair Professional Program
Terms, your sole recourse is to stop using the Wayfair Professional Program. Use
of the Sites in connection with the Wayfair Professional Program is subject to
Wayfair’s Terms of Use, including, for example, the provisions applicable to
User-Generated Content.
Users of the Sites may enroll in the Wayfair Professional Program here. The
Program Member shall be the business entity itself, and each User who enrolls a
business entity in the Wayfair Professional Program must be authorized to do so
on behalf of such entity. Program Members may have multiple authorized user
accounts. Each Program Member acknowledges and agrees that each authorized user
account shall have access to all information related to such Program Member’s
account and that Wayfair shall have no liability in connection therewith.
Program Members can make account changes by calling (844) 403-5086. Wayfair, in
its sole discretion, may cancel a Program Member’s account at any time, with
immediate effect and without notice, for any reason (including, without
limitation, if Wayfair believes such Program Member has violated these Wayfair
Professional Program Terms or Wayfair’s Terms of Use). The services and benefits
provided through the Wayfair Professional Program are the sole property of
Wayfair and are not the property of any Program Member. Upon any cancellation or
termination of any Program Member’s account, all services and benefits will be
forfeited, and the applicable Program Member will no longer be able to
participate in the Wayfair Professional Program unless, in the case of a
voluntary account cancellation by a Program Member, such Program Member
subsequently re-enrolls in the Wayfair Professional Program. Wayfair may
terminate the Wayfair Professional Program at any time and for any reason.
HOME SERVICES
Last Updated: 31 March 2023
Assembly, installation, and professional services you purchase through the Sites
are referred to herein as "Home Services" and are subject to applicable taxes.
Home Services are provided by independent third-party service providers
("Pros"). The Pros are independent contractors and not employees of Wayfair.
Wayfair does not provide the Home Services itself. Wayfair sometimes arranges
for the provision of Home Services with Pros directly, and sometimes through
other parties that contract with Pros ("Partners"), such as Angi, Handy and Go
Configure. Wayfair may refer customer service requests regarding Home Services
to the Partners. Wayfair makes no guarantee that it will be able to match you
with a Pro. Scheduled Home Services dates and times are subject to change. Home
Services will be performed in a good and workmanlike manner.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WAYFAIR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR
THE PROS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND
"AS AVAILABLE" BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE, YOU AGREE THAT WAYFAIR SHALL HAVE NO LIABILITY IN CONNECTION WITH THE
HOME SERVICES, THAT WAYFAIR IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY
PRO, AND THAT WAYFAIR WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR
LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES.
Wayfair arranges for background checks on the Pros through third-party
background check providers, or obtains contractual guarantees from Partners that
Pros have been background checked. Regardless, you should exercise caution and
common sense when interacting with Pros to protect your personal safety and
property, just as you would when interacting with any person you do not know.
You are responsible for verifying the identity of the Pro upon arrival. You are
responsible for ensuring that the location where the Home Services are to be
performed is safe and secure and that the Pro has free and clear access to such
location.
You must be 18 years of age or older to purchase Home Services. You acknowledge
and agree that you are solely responsible for your decisions relating to the
Home Services. Either you or someone else 18 years of age or older authorized by
you must be present at all times during the performance of the Home Services.
You are responsible for inspecting the Home Services and signing any relevant
forms. If you are not present during performance, the adult present must be
authorized by you to inspect the Home Services and sign any required forms on
your behalf. You agree that products assembled, installed or otherwise worked on
or with by Pros (collectively, "Products") are for home use only and not for
commercial applications or use. You are responsible for designating the location
where Pros assemble, install, and otherwise work on or with the Products.
Wayfair, the Partners, and the Pros make no recommendation, representation, or
warranty regarding the use or location of the Products, including the surface on
which they are installed. You have not relied on any statement made by any of
the foregoing parties in determining the use or location of the Products. You
are responsible for obtaining any required approvals, permissions, permits, and
variances necessary related to the Home Services. You assume all risk, including
any risk of relocation or removal, arising from the use or location of the
Products. You will follow all instructions and warnings relating to the Products
and will ensure that all persons who use the Products do the same.
You shall indemnify, defend, and hold harmless Wayfair, the Partners, and the
Pros, and each of their owners, affiliates, parents, subsidiaries, successors,
assigns, officers, directors, agents, employees, attorneys, insurers, and
representatives (each an "Indemnified Party") from and against any and all
claims, demands, causes of action, proceedings, losses, injury, damages,
expenses, fines, penalties, and costs arising from or in connection with (i) the
use and/or location of the Products; and (ii) your breach or violation of this
Home Services Section. You hereby waive, release, covenant not to sue, and
forever discharge each Indemnified Party from any and all debts, demands,
actions, causes of action, suits, covenants, contracts, agreements, promises,
torts, damages, claims, demands, losses, and liabilities whatsoever of any name
and nature, both in law and in equity, which you now have, ever had, or may in
the future have against any Indemnified Party arising from or in connection with
(i) the use and/or location of the Products; and (ii) your breach or violation
of, or failure to abide by, this Home Services Section.
WAYFAIR REWARDS PROGRAM TERMS
Last Updated: 17 May 2023
The Wayfair Rewards Program (the "Rewards Program") is exclusively for users of
the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Sites in accordance with the terms set forth below and
our Terms of Use. Please click here for the Program Terms for the Wayfair Credit
Card Rewards Program (the "Program Terms"), as may be in effect from time to
time and which are incorporated herein by reference. Enrollment in the Rewards
Program is automatic with registration at any of the Sites.
PARTICIPATING SITES
* Wayfair.com
* AllModern.com
* BirchLane.com
* JossandMain.com
* Perigold.com (currently participating in the Wayfair Credit Card Rewards
Program and Product Review Program, but not the Referral Program)
MEMBERSHIP BENEFITS
Members may earn specified "Rewards Dollars" from
1. Wayfair Credit Card Rewards Program
2. Referral Program
3. Product Review Program
Redemption Period: Three months from the date on which Rewards-eligible purchase
is made
Membership Fee: None
REFERRAL PROGRAM
Wayfair's Referral Program is designed to reward existing members ("Sponsors")
with Rewards Dollars for referring new members ("Recipients") to Wayfair.
Wayfair, AllModern, Birch Lane, and Joss & Main are participating in this
program and Sponsors can use their Rewards Dollars across all brands. However,
Recipients can only apply their discount to the brand the Sponsor referred them
to. Referral credit amounts may differ by site. Sponsors can refer as many
friends as he or she would like, but will only receive Rewards Dollars for up to
10 successful referrals per month. If a Recipient's qualifying order is
cancelled, Rewards Dollars will be voided. Previous purchases are not eligible
for Rewards Dollars and Rewards Dollars cannot be applied retroactively.
Invitations must be sent to individual recipients. Any attempt to distribute in
bulk is grounds for immediate termination of the Sponsor's account and
deactivation of their personal referral link. Distribution of Rewards bonuses is
subject to moderation in cases of suspected fraud.
BUSINESS AND TRADE REFERRAL PROGRAM
Sponsors will only receive their Rewards Dollars after their Recipient has used
their unique promo code and their order has shipped. Sponsors will be notified
by email when their Rewards Dollars are available for use. Rewards Dollars
credited to Sponsors will only be valid for 90 days. If the Recipient does not
use the unique promo code within 30 days, it will expire and no longer be valid.
Previous purchases are not eligible for Rewards Dollars and Rewards Dollars
cannot be applied retroactively. Orders containing Gift Certificate purchases
are not eligible. Bulk distribution and distribution to strangers is prohibited.
Violation of this is grounds for immediate termination of the Sponsor's account
and deactivation of their personal referral link. Distribution of referral promo
codes and Rewards Dollars is subject to moderation in cases of suspected fraud.
PRODUCT REVIEWS PROGRAM
Wayfair's Product Review Program is designed to reward existing members for
writing product reviews on products purchased on Wayfair.com, AllModern.com,
BirchLane.com, JossandMain.com and Perigold.com. Members may be rewarded
specified Rewards Dollars or may be offered other benefits for such reviews.
REDEMPTION OF REWARDS DOLLARS
Wayfair will post all earned Rewards Dollars on your account within a reasonable
amount of time after the confirmed shipment of your qualifying purchase. Rewards
Dollars can be only redeemed and applied as a credit against a purchase from one
of our participating Sites. Rewards Dollars cannot be used to purchase gift
cards, gift certificates, or manufacturer-excluded brands. Rewards Dollars are
not redeemable for cash and cannot be returned for a cash refund, except to the
extent required by law. Rewards Dollars will be automatically applied to your
purchase at Checkout. If you do not wish to redeem Rewards Dollars at the time
of purchase, select "Remove" at Checkout. Rewards Dollars may be combined with
Wayfair promo codes, but not with any other Wayfair promotion, offer, or other
discount. No credits or refunds will be issued for any reason after Rewards
Dollars have been redeemed, including for unused Rewards Dollars, except as
described in "Returns" below. Rewards Dollars can be used against product cost
and shipping cost only. For orders with multiple items, Rewards Dollars will be
applied across all items proportionally based on the dollar amount. Wayfair may
apply other restrictions to or terminate the Reward Program at any time.
RETURNS
If you return an item that was purchased in whole or in part using Rewards
Dollars, the return will be processed in accordance with Wayfair's return and
exchange policy. If the return is accepted by Wayfair, the Rewards Dollars
applicable to the returned item will be credited back to your account.
REWARDS DOLLARS BALANCE
You can check your Rewards Dollars balance at any time by logging in at "My
Account". A valid email address and password are required to view the Rewards
Dollars balance in your account. Wayfair is not liable for any failure, delay or
error in crediting Rewards Dollars to an account. You are responsible for all
activity occurring in or through your account, including the redemption of
Rewards Dollars, whether or not the activity was authorized.
EXPIRATION
Unless prohibited by applicable law, Rewards Dollars not used during the
applicable Redemption Period will be forfeited. You may cancel Rewards Dollars
by calling 866-263-8325 and/or sending an email to service@wayfair.com, but
members recognized on any of the participating Sites are unable to opt-out of
the program.
NON-TRANSFERABILITY AND NON-AGGREGATION OF REWARDS DOLLARS
Rewards Dollars and any other right, obligation or benefit of the Rewards
Program may not be transferred, assigned, sold, traded or bartered by any member
or any other person without Wayfair's prior written consent, which Wayfair may
withhold in its sole discretion, and any attempt to do any of the foregoing
shall be null and void. In addition, Rewards Dollars are for the member's
personal use only. Members may not aggregate Rewards Dollars from multiple
accounts or use Rewards Dollars for the purpose of purchasing products from the
participating Sites on behalf of others or for the purpose of reselling such
products to others.
WAYFAIR GIFT CARD TERMS AND CONDITIONS
Last Updated: 17 May 2023
The following terms and conditions (the "Terms") apply to any Wayfair gift card
originally purchased by you or someone on your behalf (the "gift card"). Gift
cards are issued by SK Retail, Inc. in the State of Massachusetts (referred to
hereafter as either “Wayfair,” “Perigold”, “AllModern,” “Birch Lane,” “Joss &
Main,” “we,” “us,” or “our”). By purchasing a gift card, accepting and retaining
a gift card, or using a gift card, you agree to these Terms.
* Gift cards do not expire.
* Gift cards are valid in the country and currency in which they were
purchased. Gift cards purchased on Wayfair.com, AllModern.com, BirchLane.com,
JossandMain.com, or Perigold.com can be used interchangeably. Gift cards
purchased on Wayfair.ca can only be redeemed on Wayfair.ca. Gift cards
purchased on Wayfair.co.uk can only be redeemed on Wayfair.co.uk. Gift cards
purchased on Wayfair.de can only be redeemed on Wayfair.de.
* Gift cards cannot be used to purchase gift cards.
* Gift cards are not redeemable for cash and cannot be returned for a cash
refund, except to the extent required by law.
* Gift cards are not re-sellable, and gift card orders cannot be canceled,
updated or refunded.
* E-gift cards may not be redeemable for up to 4 hours on weekdays, and up to
12 hours on weekends.
* Use of the gift card is limited to the amount of funds held on the gift card.
The full amount of each purchase, including taxes, will be deducted from the
funds held on the gift card, up to the total funds available on the gift
card. Any unused balance will be placed in the recipient's gift card account
and is not transferable. If you make a purchase and there are insufficient
funds held on the gift card to cover that purchase, you must pay the
difference by a valid credit card or debit card.
* The risk of loss and title for gift cards pass to the purchaser upon our
electronic transmission to the purchaser. We are not responsible for and will
not replace lost or stolen gift cards. Protect your gift card as if it were
cash and safeguard the gift card from authorized use.
* Wayfair may provide gift card purchasers with information about the
redemption status of gift cards.
* Wayfair reserves the right to change these Terms from time to time in its
discretion. Such revised terms will be effective as to any gift cards
purchased after the date said revised Terms are posted to the Wayfair
websites.
* Resale of a gift card or use for unauthorized advertising, marketing,
sweepstakes or other promotional purposes is strictly prohibited. Your right
to use the funds on the gift card is a limited right, subject to these Terms
and applicable law. We are not responsible for pricing, typographical, or
other errors, in any offer and reserve the right to cancel any orders
resulting from such errors.
* If we suspect any fraud or misuse in connection with a gift card, we reserve
the right in our discretion to suspend, terminate, or reissue the gift card.
* We reserve the right to refuse to honor a gift card that is obtained from
unauthorized sellers and resellers. We have the right to close an account and
charge alternative payment methods if a fraudulently obtained gift card is
added and/or used to make or attempt purchases.
* The consideration paid for the gift card, including any unredeemed balances,
is the property of Wayfair.
* We may collect or maintain personally identifiable information regarding the
purchasers and users of gift cards in accordance with the privacy policy
found here.
* If any one or more of the covenants, agreements, provisions or terms of these
Terms shall be for any reason whatsoever held invalid, then such covenants,
agreements, provisions or terms shall be deemed severable from the remaining
covenants, agreements, provisions or terms of these Terms shall in no way
affect the validity or enforceability of the other provisions of these Terms.
* These Terms sets forth the entire understanding of the parties relating to
the subject matter hereof, and all prior understandings, written or oral, are
superseded by these Terms. All terms and conditions set forth herein are
applicable to the extent permitted by law.
WAYFAIR CREDIT CARD AND WAYFAIR MASTERCARD REWARDS PROGRAM TERMS
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU,
ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US
ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION,
AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.
Please read these Terms carefully for important information about your rights
and obligations in the Wayfair Credit Card Rewards Program (“Program”). By
participating in the Program, you agree to these Terms.
In these Terms, “you” and “your” mean the Account holder. “We,” “our,” and “us”
mean Wayfair LLC and Wayfair Illinois LLC. (“Wayfair”). “Bank” means Citibank,
N.A. (“Citibank”) or its assignees.
The Program is provided by Wayfair LLC and Wayfair Illinois LLC. Wayfair is
solely responsible for the Program operation and may withdraw the Program or
change the Terms of the Program at any time. The purpose of the Program is to
reward customers for certain uses of their Wayfair Credit Card, which includes
the Wayfair, Joss & Main, AllModern, Perigold, and Birch Lane Credit Cards (the
“Wayfair Credit Card”) and Wayfair Mastercard, which includes the Wayfair, Joss
& Main, AllModern, Perigold, and Birch Lane Mastercards (the “Wayfair
Mastercard”).
1. General Information; Definitions. The Program allows you to earn rewards on
the dollars you spend as described in Section 3 below, using your Wayfair Credit
Card and Wayfair Mastercard (your “Credit Card”). For qualifying purchases made
using your Credit Card, Wayfair Credit Card Reward Dollars will be added to your
Wayfair Credit Card Reward Account (“Account”) and those Reward Dollars may be
selected and applied at checkout when you use your Credit Card on the following
websites: wayfair.com, jossandmain.com, allmodern.com, birchlane.com, and
perigold.com (the “Websites”), and our physical retail locations (together with
the Websites, the "Sites"). For the avoidance of doubt, the Sites do not include
Wayfair Outlet physical retail locations.
These Terms are separate and independent from your Card Agreement (your “Card
Agreement”), which governs the use of your Credit Card. In the event of any
conflict between these Terms and your Card Agreement, these Terms will control
in any matter relating to the Program. All information collected about you in
connection with the Program on all the Sites and at Wayfair Outlet physical
retail locations is subject to our privacy policy. Purchases made on all
Websites are subject to the Websites Terms of Use. In the event that any Terms
of Use conflict with these Terms, these Terms will control.
2. Eligibility. We will automatically enroll you in the Program when the Bank
opens your Credit Card. You will remain enrolled in the Program as long as your
Credit Card is in Good Standing and we continue to offer the Program. “Good
Standing” means (1) your Credit Card is open to new charges and not over your
credit limit, (2) your Credit Card is not more than 60 days past due or
otherwise in default, (3) your Credit Card is not flagged as lost, stolen, or
fraudulent according to the Bank’s records, (4) your Credit Card is not in a
hardship or workout program, and (5) you are not subject to a credit counseling
arrangement relating to your Credit Card. We may withdraw the Program, deny, or
revoke your participation in the Program at any time for any reason.
3. Earning Wayfair Credit Card Reward Dollars. The Program is limited to earning
Wayfair Credit Card Reward Dollars for Net Qualifying Purchases. Wayfair Credit
Card Reward Dollars earned on Net Qualifying Purchases using your Credit Card
will be accumulated into one overall Wayfair Credit Card Reward Dollars total
for your Account, rounded to the nearest cent. “Net Qualifying Purchases” are
purchases of goods and services using your Credit Card and the Credit Card(s) of
your Authorized User(s), if any, minus any returns, refunds, discounts by using
Reward Dollars, promotions or credit adjustments.
Wayfair Credit Card Reward Dollars will be calculated by multiplying the amount
of each Net Qualifying Purchase by the applicable percentage to determine the
number of Reward Dollars received for that purchase. The calculation will be
done at the time of shipment. If items from a single order are shipped
separately, the Reward Dollars will be calculated separately for each shipment.
For non-Wayfair Net Qualifying Purchases, the calculation could be done at the
time of purchase or shipment depending on the merchant.
Your Wayfair Credit Card Reward Dollars will be stored in your Account in
dollars and cents and rounded to the nearest cent. Wayfair Credit Card Reward
Dollars are not earned on, and the term “Net Qualifying Purchases” does not
include: returns, refunds, credit adjustments, unauthorized or fraudulent
charges, charges that violate the terms of your Card Agreement, balance
transfers, convenience checks, cash advances or any other transaction treated
like a cash advance, lottery tickets, gaming chips and similar transactions,
interest, fees, purchases where promotional financing is applied, and any
portion of a purchase made with Wayfair Credit Card Reward Dollars.
We have the right to deduct Wayfair Credit Card Reward Dollars from your Account
balance for charges that were not or do not remain Net Qualifying Purchases. If
your Account balance goes negative, you must first earn Wayfair Credit Card
Reward Dollars to bring your Account balance to zero before earning any Wayfair
Credit Card Reward Dollars eligible for redemption. Wayfair Credit Card Reward
Dollars earned have no cash value and may not be used as payment of any
outstanding obligation to the Bank or its affiliates or to Wayfair.
(a) Wayfair Credit Card Reward Dollars for Net Qualifying Purchases. You will
earn Wayfair Credit Card Reward Dollars for Net Qualifying Purchases so long as
your Credit Card is in Good Standing.
i. For the Wayfair Credit Card: 5% on Net Qualifying Purchases made with the
Wayfair Credit Card at the Sites.
ii. For the Wayfair Mastercard:
* 5% on Net Qualifying Purchases made with the Wayfair Mastercard at the Sites
* For each Net Qualifying Purchase made with the Wayfair Mastercard outside the
Sites:
* 3% on Net Qualifying Purchases at grocery stores. Grocery stores are
stand-alone merchants that primarily sell a complete line of food
merchandise for home consumption. Grocery or food purchases made at
convenience stores, gas stations, warehouse clubs, supercenters and
discount stores may only receive 1%, not 3%, as determined by Wayfair in
its discretion, due to merchant codes (as further described below) which
are out of the control of the Bank or Wayfair.
* 2% on Net Qualifying Purchases for Qualifying Online Purchases. Qualifying
Online Purchases are those made via a computer network. Not all online
transactions will be considered Qualifying Online Purchases. Qualifying
Online Purchases do not include the following types of purchases in the
following categories: subscription, membership or recurring purchases;
utilities, cable / satellite television and telephone; insurance; medical
and healthcare providers; government services, taxes and tolls; education
including schools or other teaching institutions; contractor, professional,
financial, legal, personal and business services; repair services, direct
marketing; purchases that are manually keyed by a merchant; or online
purchases made through mobile / wireless technology, depending on how the
technology is set up to process the purchase. These excluded purchases may
only earn 1%, not 2%. We reserve the exclusive right to determine which
purchases are eligible for additional Wayfair Credit Card Reward Dollars.
Purchases made on our Sites will earn 5%, all other Qualifying Online
Purchases made outside of our Sites will earn 2%.
* 1% on all other Net Qualifying Purchases with your Wayfair Mastercard.
For purchases not made on our Sites, merchants must submit charges under the
appropriate merchant code or industry code to be eligible as Net Qualifying
Purchases and / or Qualifying Online Purchases in the different categories.
Neither Wayfair nor Citibank determine whether merchants appropriately identify
all transactions made on a credit card, but Wayfair does reserve the right to
determine which purchases qualify for Wayfair Credit Card Reward Dollars.
Wayfair Credit Card Reward Dollars you earn may not be combined with Wayfair
Credit Card Reward Dollars earned by anyone else (other than your Authorized
User(s), if applicable. Authorized user(s) Wayfair Credit Card Reward Dollars
are automatically added to the primary Account Holder’s Account total.
(b) Promotional Financing. If promotional financing is available on an
individual Net Qualifying Purchase at one of our Sites, you must choose between
promotional financing and earning Wayfair Credit Card Reward Dollars. If
promotional financing is selected, no Wayfair Credit Card Reward Dollars will be
earned on that purchase. You will be able to select from eligible options during
checkout. All relevant disclosures for promotional financing plans will be
provided during checkout, prior to purchase.
(c) Rewards for Special Offers. From time to time, we may make special offers
for you to earn additional Wayfair Credit Card Reward Dollars on specific
purchases. The terms and conditions for such special offers (such as which
purchases qualify and the number of additional Wayfair Credit Card Reward
Dollars you may earn) will be disclosed at the time of offer. Please check those
terms and conditions carefully, as there may be important conditions or
limitations (such as blackout periods, reward limitations or exclusions). You
may have to register to qualify for the offer. Availability of any special offer
is subject to change without notice. Any such change or withdrawal will not
affect bonus Wayfair Credit Card Reward Dollars already earned. Your Net
Qualifying Purchase must be completed and the transaction charged to your Credit
Card during the special offer period in order for you to earn the applicable
bonus Wayfair Credit Card Reward Dollars. During special offer periods, making a
return in the same transaction as your purchase may result in earning fewer
Wayfair Credit Card Reward Dollars because Wayfair Credit Card Reward Dollars
are calculated off of your Net Qualifying Purchase (in this case, your purchase
minus return).
In the event an offer is provided to make purchases using your Credit Card where
a minimum purchase amount is required, such amount shall be calculated after
applying any eligible discounts and excluding all rewards, fees (including
shipping fees) and taxes related to the purchase. Purchases where a special
discount has already been applied may be excluded from any such offers.
(d) Posting of Wayfair Credit Card Reward Dollars Earned; Forfeiture. Wayfair
Credit Card Reward Dollars earned on purchases made at our Sites will be posted
to your Account balance under “My Account” on the Sites within 48 hours from the
day you take the merchandise with you or, if we are shipping or delivering your
purchase, 48 hours from the day we ship or deliver it. Wayfair Credit Card
Reward Dollars earned on purchases not made on our Sites will be posted to your
Account balance after your billing cycle. At any time, we may verify and adjust
your Account balance based on our records and based on certain purchases not
constituting, or no longer constituting, Net Qualifying Purchases. Wayfair
Credit Card Reward Dollars not redeemed will be carried over to the following
statement period.
Except as otherwise provided by applicable law, you will forfeit all unused
Wayfair Credit Card Reward Dollars if you attempt to violate the prohibitions on
the transfer of Wayfair Credit Card Reward Dollars, if you file for bankruptcy,
or your participation in the Program is terminated or your Credit Card is closed
for any reason. You will also forfeit Wayfair Credit Card Reward Dollars as
described below and in Section 9. You will not receive any compensation or new
Wayfair Credit Card Reward Dollars for your Wayfair Credit Card Reward Dollars
that are forfeited. You will forfeit unused Reward dollars in certain
circumstances including if your account is closed or participation in the
program is terminated unless prohibited by law. Any rewards that are not
forfeited upon closure will appear in your Wayfair Account as a store credit.
Wayfair Credit Card Reward Dollars may not be sold, purchased, brokered,
bartered, transferred or altered in any way by you. Any attempted transaction of
such sort will automatically be void. Anyone engaging in such transactions will
be liable for damages to us, including, but not limited to consequential
damages, third party damages, transaction costs, attorney's fees and court
costs. Any violation of these provisions will result in termination of your
eligibility to participate in the Program and forfeiture of unused Wayfair
Credit Card Reward Dollars.
4. Redeeming Wayfair Credit Card Reward Dollars. Your current amount of Wayfair
Credit Card Reward Dollars may be selected and applied at checkout when using
your Credit Card at our Sites or through our call center as long as your Credit
Card is in Good Standing. Wayfair Credit Card Reward Dollars are redeemable for
a specified dollar amount off qualifying purchases on the Sites. You can redeem
a maximum of $2,500 in Wayfair Credit Card Reward Dollars per month. We reserve
the right to change the amount required to earn Wayfair Credit Card Reward
Dollars or otherwise modify the Program at any time.
In the event a return, refund or credit adjustment results in a negative Account
balance, the option to redeem Wayfair Credit Card Reward Dollars may not be
fulfilled. If the Wayfair Credit Card Reward Dollars order is fulfilled and we
later discover that you did not have a sufficient balance of Wayfair Credit Card
Reward Dollars in your Account, in addition to any other actions we may take,
this may result in a negative Wayfair Credit Card Reward Dollars balance and
future Wayfair Credit Card Reward Dollars earnings will be applied to the
negative balance until such time as sufficient Wayfair Credit Card Reward
Dollars are earned to cover the negative balance. You will not be able to redeem
Wayfair Credit Card Reward Dollars until you again have a positive balance. Your
My Account page on the Websites will indicate your current Wayfair Credit Card
Reward Dollars balance.
You may be required to use your Credit Card for any remaining balance when
redeeming Wayfair Credit Card Rewards. Wayfair Credit Card Reward Dollars are
issued for reward purposes only. Wayfair Credit Card Reward Dollars have no cash
value. Wayfair Credit Card Reward Dollars will not be honored retroactively in
connection with any prior purchases. Any additional exclusions or limitations
for use of Wayfair Credit Card Reward Dollars may be provided to you at time of
checkout.
To the extent allowed by applicable law, we may cancel any earned or outstanding
Wayfair Credit Card Reward Dollars if we become insolvent, unable to pay our
debts when due, file an action under the U.S. Bankruptcy Code or have such an
action filed against us. Any rewards that are not forfeited upon account closure
will appear in your Wayfair Account as a store credit.
5. Communications, Program Activity and Customer Service. We may communicate
with you regarding any matter related to the Program by mail, telephone, or
electronic communication. You may update your contact information under Account
Settings on any of the Websites or by calling 1-866-513-5795. We are not
responsible for communications, including Wayfair Credit Card Rewards, lost due
to change of address or other contact information.
You can view your Program activity under your Account balance on any of the
Websites, which will show the number of unused Wayfair Credit Card Reward
Dollars. If you want to know whether your Wayfair Credit Card Reward Dollars
were properly redeemed, or you want to ask any other question regarding the
Program, call us at 1-866-513-5795.
6. Wayfair Credit Card Rewards Disputes. If Wayfair Credit Card Reward Dollars
you believe were earned have not been timely posted to your Account balance, you
may dispute your Account balance (“Rewards Dispute”) by calling 1-866-513-5795.
If you believe that a purchase made on your Credit Card should have resulted in
the addition of Wayfair Credit Card Rewards to your accumulated balance, and
such rewards are not reflected in the accumulated Wayfair Credit Card Reward
Dollars balance within forty-five (45) days of the date on which the purchase
posted to your Credit Card (“Rewards Dispute”), notify us immediately. We will
use reasonable efforts to investigate your Rewards Dispute if you notify us
within 90 days of the posting date. If you do not notify us within that period,
you waive your right to make a Rewards Dispute with respect to that purchase. We
may require you to provide written confirmation of the dispute and the
applicable purchase receipt and may decline to investigate further if you do not
provide the requested confirmation or a valid receipt. Upon completion of the
investigation, we will have no further responsibilities if you later reassert
the same Rewards Dispute. Please note that the dispute rights with respect to
your Credit Card under the Card Agreement do not apply to these Terms or to your
rights and remedies under these Terms, which are solely as set forth in these
Terms. Your sole and exclusive remedy, and our maximum liability to you, in the
event you prevail in a Rewards Dispute, is for us to credit the disputed Wayfair
Credit Card Reward Dollars to your Account balance. Any questions or disputes
about your purchase are governed by your Card Agreement and should be directed
to the Bank.
7. Limited Liability. We may waive any obligation you have under these Terms
without losing our right at a later time to enforce that same obligation. We
will not lose any of our rights under these Terms if we delay taking action for
any reason. If we take any other action, we will not lose any rights under these
Program Terms.
Unless otherwise required by law or our agreements with you, neither Wayfair nor
the Bank, nor any of our or its affiliates, officers, directors, employees,
service providers, or agents will be liable to you, or anyone making a claim on
your behalf, in connection with (a) any termination of, change in, or suspension
of the Program; (b) any claim relating to products purchased using any Wayfair
Credit Card Reward Dollars obtained through the Program; (c) any loss, damage,
expense or inconvenience caused by any occurrence outside of our control; or (d)
any taxes that you incur as a result of receiving or redeeming Wayfair Credit
Card Reward Dollars. Notwithstanding the foregoing, any liability that we or
they may have to you in connection with the Program shall be limited to the
amount of any Wayfair Credit Card Reward Dollars you have earned in accordance
with these Terms.
8. No Warranties. The Bank does not: (a) endorse Wayfair Credit Card Reward
Dollars or products or services purchased at the Sites using Wayfair Credit Card
Reward Dollars; (b) make any express or implied warranty regarding Wayfair
Credit Card Reward Dollars or products or services purchased at the Sites; (c)
guarantee the performance of Wayfair Credit Card Reward Dollars or products or
services purchased on the Sites; or (d) offer, operate or control Wayfair Credit
Card Reward Dollars offered through this Program.
9. Changes. Subject to any requirements or limitations of applicable law, we may
at any time for any reason add to, change, limit, or terminate the Program or
these Terms. To the extent allowed by applicable law, (a) changes may apply
retroactively, and may affect outstanding transactions and Wayfair Credit Card
Reward Dollars, and may result in you involuntarily forfeiting Wayfair Credit
Card Reward Dollars you have earned, and (b) changes will not affect issued or
redeemed Wayfair Credit Card Reward Dollars except to the extent allowed by
applicable law.
10. Taxes. You are solely liable for any applicable taxes arising out of the
accrual or use of Wayfair Credit Card Reward Dollars. Consult your tax advisor
concerning such tax consequences.
11. Governing Law; Assignment. The Program and these Terms are governed by
federal law and, to the extent state law applies, the laws of the State of
Delaware, without any reference to its choice of law provisions. You may not
assign your rights or obligations under these Terms to any other person or
entity. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS ARISING FROM OR
RELATING TO THESE TERMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
“Claim,” as used in these Terms means any claim, dispute or controversy that in
any way arises from or relates to these Terms.
12. Arbitration. Any dispute between you and Wayfair arising from or relating to
these Terms and their interpretation or the breach, termination or validity
thereof, the relationships which result from these Terms, including disputes
about the validity, scope or enforceability of this arbitration provision
(collectively, “Covered Disputes”) will be settled by binding arbitration. Prior
to initiating any arbitration, the initiating party will give the other party at
least 60-days' advanced written notice of its intent to file for arbitration.
Wayfair will provide such notice by email to your email address on file with
Wayfair and you must provide such notice by email to legal@wayfair.com.
During such 60-day notice period, the parties will endeavor to settle any
Covered Disputes amicably by mutual discussions. Failing such amicable
settlement and expiration of the notice period, either party may initiate
arbitration. The arbitrator will conduct any arbitration proceedings by
telephone or video conference unless in-person appearances are requested by you
or Wayfair and approved by the arbitrator. Any in-person appearances will be
held at a location mutually agreed upon by you and Wayfair, or, in the absence
of such agreement, at a location determined by the arbitrator. The arbitrator
will have the power to grant whatever relief would be available in court under
law or in equity and any award of the arbitrator(s) will be final and binding on
each of the parties and may be entered as a judgment in any court of competent
jurisdiction. Arbitrator will apply applicable law and the provisions of these
Terms and the failure to do so will be deemed an excess of arbitral authority
and grounds for judicial review. Wayfair and you agree that any Covered Dispute
hereunder will be submitted to arbitration on an individual basis only. Neither
Wayfair nor you are entitled to arbitrate any Covered Dispute as a class,
representative or private attorney action and the arbitrator(s) will have no
authority to proceed on a class, representative or private attorney general
basis. If any provision of the agreement to arbitrate in this section is found
illegal or unenforceable, the remaining arbitration terms shall continue to be
fully valid, binding, and enforceable (but in no case will there be a class,
representative or private attorney general arbitration). These Terms and related
transactions will be subject to and governed by the Federal Arbitration Act, 9
U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, as set forth in Section
11 hereof.
13. Entire Agreement; Severability; Conflicts; No Waiver. These Terms contain
the entire agreement between you and us regarding the Program, and supersede any
previous terms and conditions governing the Program we may have provided to you.
The Program is not available where and to the extent prohibited by law. If any
part of these Terms conflict with applicable law, that provision will be deemed
severed from these Terms and the remainder of the Terms will remain in effect.
We will not lose our rights under these Terms because we delay or do not enforce
them. All waivers of any of these Terms by us must be in a writing executed by
someone with authority to bind us.
WAYFAIR PROFESSIONAL CREDIT CARD REWARDS PROGRAM TERMS
These Rewards Terms (the “Rewards Terms”) apply to the Wayfair Professional
Credit Card issued by Capital One, N.A. ("Capital One" or "Bank"). These Rewards
Terms are in addition to those set forth in your Customer Agreement governing
your Wayfair Professional Credit Card Account (your "Account"). Your Customer
Agreement remains in full force and effect and is unaffected by these Rewards
Terms. Any capitalized terms not defined herein shall have the meaning as set
forth in the Customer Agreement.
Important note: These Rewards Terms apply to any disputes you may have with
respect to the Wayfair Professional Credit Card Rewards Program ("Rewards
Program"). Any disputes between you and Capital One related to your Account are
governed by your Customer Agreement with Capital One. These Rewards Terms are
subject to the arbitration provision included in the Rewards Terms that limit
our liability to you, require you to resolve disputes with us on an individual
basis and not as a part of any class or representative action, and through final
and binding arbitration. Please read these Rewards Terms carefully for important
information about your rights and obligations in the Rewards Program. By
participating in the Rewards Program, you agree to these Rewards Terms.
Earning Wayfair Professional Credit Card Reward Dollars. Wayfair Professional
Credit Card Reward Dollars can be earned on Net Eligible Purchases with Wayfair
and associated Wayfair brand websites ("Sites"), including jossandmain.com,
birchlane.com, allmodern.com, and perigold.com.
Net Eligible Purchases are purchases of goods and services using your Wayfair
Professional Credit Card account. Net Eligible Purchases include purchases made
by Authorized Purchasers, minus any returns, refunds, discounts by using your
earned points, promotions or credit adjustments. Reward Dollars will be
accumulated as dollars and cents, rounded to the nearest cent, at the account
level. Wayfair Reward Dollars are not earned on, and the term Net Eligible
Purchases does not include: returns, refunds, credit adjustments, unauthorized
or fraudulent charges, charges that violate the terms of your Customer Card
Agreement, interest fees, shipping and freight, and purchases where special
financing is applied. We have the right to deduct Wayfair Professional Credit
Card Reward Dollars for charges that were not or do not remain Net Eligible
Purchases. As a result, if your Reward Dollar balance becomes negative, you must
first earn Reward Dollars to bring your balance to zero before being eligible to
redeem. Reward Dollars cannot be used to meet minimum payment obligations to
Capital One or its affiliates. Account credits lower your account balance, but
do not count toward your minimum monthly payment obligation.
You cannot earn Reward Dollars using any other Wayfair Professional financing
solution including the Wayfair Professional Flex Account. Reward Dollars will
begin accruing after you are approved for a Wayfair Professional Credit Card and
will not be provided retroactively.
Wayfair Professional Credit Card Reward Dollars for Net Eligible Purchases. You
will earn 2% Reward Dollars for Net Eligible Purchases as long as your Wayfair
Professional Credit Card account is in good standing meaning not closed,
suspended, restricted, delinquent, or otherwise in default.
Special Financing. If special financing is available on an individual Net
Eligible Purchase at Wayfair or one of our Sites, no Reward Dollars will be
earned on that purchase. All relevant disclosures for special financing plans
will be provided during checkout, prior to purchase.
Rewards for Special Offers. From time to time, we may make special offers for
you to earn additional Reward Dollars on specific Net Eligible Purchases. The
terms and conditions for such special offers (such as which purchases qualify
and the number of additional Reward Dollars that can be earned) will be
disclosed at the time of offer. Please check those terms and conditions
carefully, as there may be important conditions or limitations (such as blackout
periods, reward limitations or exclusions). You may have to register to qualify
for the offer. Any such change or withdrawal will not affect any additional
Reward Dollars already earned. Your Net Eligible Purchases must be completed,
and the transaction charged to your Wayfair Professional Credit Card Account,
during the special offer period in order for you to earn the applicable bonus
Reward Dollars. During special offer periods, making a return in the same
transaction as your purchase may result in earning fewer Reward Dollars because
Reward Dollars are calculated off of your Net Eligible Purchases (in this case,
your purchase minus return). In the event an offer is provided to make purchases
using your Wayfair Professional Credit Card where a minimum purchase amount is
required, such amount shall be calculated after applying any eligible discounts
and excluding all rewards, fees (including shipping fees) and taxes related to
the purchase. Purchases where a special discount has already been applied may be
excluded from any such offers.
Posting of Wayfair Professional Credit Card Reward Dollars Earned; Forfeiture.
Reward Dollars earned on Net Eligible Purchases made at Wayfair.com and our
Sites will be added to your Rewards balance under "My Account" on Wayfair.com
within 48 hours of when the items purchased are shipped to you. Except as
otherwise provided by applicable law, you will forfeit all unused Reward Dollars
if you attempt to violate the prohibitions on the transfer of Reward Dollars, if
you file for bankruptcy, or your participation in the Wayfair Professional
Credit Card program is terminated or your account is closed for any reason. You
may also forfeit Reward Dollars as described below, unless prohibited by
applicable law. Subject to limitations of applicable law, you will not receive
any compensation or new Reward Dollars for any forfeited Reward Dollars. Reward
Dollars may not be sold, purchased, brokered, bartered, transferred or altered
in any way by you. Any attempted transaction of such sort will automatically be
void. Anyone engaging in such transactions may be liable for damages to us,
including, but not limited to consequential damages, third party damages,
transaction costs, attorney's fees and court costs. Any violation of these
provisions will result in termination of your eligibility to participate in the
Rewards Program and forfeiture of unused Reward Dollars, unless prohibited by
law.
Redeeming Wayfair Professional Credit Card Rewards Dollars. Wayfair Reward
Dollars may only be redeemed by account holders. Reward Dollars are valid for
the life of the account and can be redeemed at any point as long as your account
is active and in good standing. You may apply available Reward Dollars at the
time of checkout when you use your Wayfair Professional Credit Card. We reserve
the right to change the amount required to earn Reward Dollars or otherwise
modify the Rewards program at any time. In the event that a return, refund or
credit adjustment results in a negative Reward Dollars balance, any future
Reward Dollars earned must be applied to the negative balance before you can
redeem. If, by chance, your Reward Dollars are redeemed from a negative balance,
any earned Reward Dollars must be applied to the balance, before redeeming,
until it is no longer negative. All redemptions of Reward Dollars are final.
Any additional exclusions or limitations for use of Reward Dollars may be
provided to you at time of checkout. To the extent allowed by applicable law, we
may cancel any earned or pending Reward Dollars if we become insolvent, unable
to pay our debts when due, file an action under the U.S. Bankruptcy Code or have
such an action filed against us.
Communications, Program Activity and Customer Service. We may communicate with
you regarding any matter related to your Rewards Dollars via mail, telephone,
text or SMS, or electronic communication. You may update your contact
information under Account Settings on any of the Sites or by calling
1-866-513-5795. We are not responsible for communications related to the Rewards
Program that are lost due to change of address or other incorrect contact
information. If you want to know whether your Rewards Dollars were properly
redeemed, or you want to ask any other question regarding the Rewards Program,
call Wayfair at 1-866-513-5795.
Wayfair Professional Credit Card Rewards Disputes. If Reward Dollars you believe
were earned have not been timely posted to your account, you may file a dispute
("Rewards Dispute") by calling Wayfair at 1-866-513-5795. If you believe that a
purchase(s) made using your Wayfair Professional Credit Card should have
resulted in earned rewards, and such rewards are not reflected in your Rewards
balance within forty-eight (48) hours of when the items purchased are shipped to
you, please contact us. We will use reasonable efforts to investigate your
Rewards Dispute if you notify us within 90 days of the shipping date. If you do
not notify us within that period, you waive your right to make a Rewards Dispute
with respect to that purchase. We may require you to provide written
confirmation of the dispute, the applicable purchase receipt, and other
documentation related to the dispute. If you do not respond to our requests or
submit a timely response, we will investigate and decide your dispute based on
the information we have. Please note that the Rewards Dispute process is solely
set forth in these terms and not your Wayfair Professional Credit Card Customer
Agreement. Any questions or disputes about your Wayfair Professional Credit Card
purchases are governed by your Customer Agreement and should be directed to
Capital One.
Non-Waiver and Limited Liability. We may waive any obligation you have under
these Rewards Terms without losing our right at a later time to enforce that
same obligation. We will not lose any of our rights under these Rewards Terms if
we delay taking action for any reason. If we take any other action, we will not
lose any rights under these Rewards Terms. Unless otherwise required by law or
our agreements with you, neither Wayfair nor Capital One, nor any of our or its
affiliates, officers, directors, employees, service providers, or agents will be
liable to you, or anyone making a claim on your behalf, in connection with (a)
any termination of, change in, or suspension of the Rewards Program; (b) any
claim relating to products purchased using any Reward Dollars obtained through
the Rewards Program; (c) any loss, damage, expense or inconvenience caused by
any occurrence outside of our control; or (d) any taxes that you incur as a
result of receiving or redeeming Wayfair Credit Card Rewards Dollars.
Notwithstanding the foregoing, any liability that we or they may have to you in
connection with the Program shall be limited to the amount of any Reward Dollars
you have earned in accordance with these Rewards Terms.
No Warranties. Capital One does not: (a) endorse Reward Dollars or products or
services purchased at the Sites using Wayfair Rewards Dollars; (b) make any
express or implied warranty regarding Reward Dollars or products or services
purchased at the Sites; (c) guarantee the performance of Reward Dollars or
products or services purchased on the Sites; or (d) offer, operate or control
Reward Dollars offered through this Rewards Program.
Changes. Subject to any requirements or limitations of applicable law, we may at
any time for any reason add to, change, limit, or terminate these Rewards Terms.
To the extent allowed by applicable law, (a) changes may apply retroactively,
and may affect outstanding transactions and Reward Dollars, and may result in
you involuntarily forfeiting Reward Dollars you have earned, and (b) changes
will not affect issued or redeemed Reward Dollars except to the extent allowed
by applicable law.
Taxes. You are solely liable for any applicable taxes arising out of the accrual
or use of Wayfair Credit Card Reward Dollars. Consult your tax advisor
concerning such tax consequences.
Governing Law; Assignment. The Wayfair Professional Reward Dollars Program and
these Rewards Terms are governed by federal law and, to the extent state law
applies, the laws of the State of Delaware, without any reference to its choice
of law provisions. You may not assign your rights or obligations under these
Rewards Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US
MAY BRING CLAIMS ARISING FROM OR RELATING TO THESE REWARDS TERMS ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE ACTION OR PROCEEDING. "Claim," as used in these Rewards Terms,
means any claim, dispute or controversy that in any way arises from or relates
to these Rewards Terms.
Arbitration. Any dispute between you and Wayfair arising from or relating to
these Rewards Terms and their interpretation or the breach, termination or
validity thereof, the relationships which result from these Rewards Terms,
including disputes about the validity, scope or enforceability of this
arbitration provision (collectively, "Covered Disputes") will be settled by
binding arbitration. Prior to initiating any arbitration, the initiating party
will give the other party at least 60-days' advanced written notice of its
intent to file for arbitration. Wayfair will provide such notice by email to
your e-mail address on file with Wayfair and you must provide such notice by
email to legal@wayfair.com. During such 60-day notice period, the parties will
endeavor to settle amicably by mutual discussions any Covered Disputes. Failing
such amicable settlement and expiration of the notice period, either party may
initiate arbitration. The arbitrator will conduct any arbitration proceedings by
telephone or videoconference unless in-person appearances are requested by you
or Wayfair and approved by the arbitrator. Any in-person appearances will be
held at a location mutually agreed upon by you and Wayfair, or, in the absence
of such agreement, at a location determined by the arbitrator. The arbitrator
will have the power to grant whatever relief would be available in court under
law or in equity and any award of the arbitrator(s) will be final and binding on
each of the parties and may be entered as a judgment in any court of competent
jurisdiction. Arbitrator will apply applicable law and the provisions of these
Terms and the failure to do so will be deemed an excess of arbitral authority
and grounds for judicial review. Wayfair and you agree that any Covered Dispute
hereunder will be submitted to arbitration on an individual basis only. Neither
Wayfair nor you are entitled to arbitrate any Covered Dispute as a class,
representative or private attorney action and the arbitrator(s) will have no
authority to proceed on a class, representative or private attorney general
basis. If any provision of the agreement to arbitrate in this section is found
illegal or unenforceable, the remaining arbitration terms shall continue to be
fully valid, binding, and enforceable (but in no case will there be a class,
representative or private attorney general arbitration). These Rewards Terms and
related transactions will be subject to and governed by the Federal Arbitration
Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, as set forth in
Section 11 hereof.
Entire Agreement; Severability; Conflicts; No Waiver. These Rewards Terms
contain the entire agreement between you and Wayfair regarding the Rewards
Program, and supersede any previous terms and conditions governing the Rewards
Program we may have provided to you. The Rewards Program is not available where
and to the extent prohibited by law. If any part of these Rewards Terms conflict
with applicable law, that provision will be deemed severed from these Rewards
Terms and the remainder of the Rewards Terms will remain in effect. We will not
lose our rights under these Rewards Terms because we delay or do not enforce
them. All waivers of any of these Rewards Terms by us must be in a writing
executed by someone with authority to bind us.
WAYFAIR'S PROMOTIONAL CODE TERMS AND CONDITIONS
The following terms and conditions (the “Terms”) generally apply to any
promotional codes offered by Wayfair for use on Wayfair.com (“Promo Code”),
except where alternative terms and conditions apply. Promotion-specific terms on
the accompanying documentation may vary per promotional offer, and modify and
supplement these Terms. By using a Promo Code on Wayfair.com, you agree to these
Terms and any applicable promotion-specific terms.
* BY USING A PROMO CODE ON WAYFAIR.COM, YOU REPRESENT THAT YOU ARE AT LEAST 18
YEARS OF AGE AND THAT YOU AGREE TO THESE TERMS AND CONDITIONS (“Terms”),
WAYFAIR’S TERMS OF USE, AND WAYFAIR’S PRIVACY POLICY.
* Promo Codes are limited time offers and are only valid for the promotional
period identified on accompanying documentation.
* Promo Codes entitle you to a price reduction on new, qualifying orders placed
on Wayfair.com during the promotion period.
* Each Promo Code can only be used once per order and once per customer.
* Promo Codes are not redeemable for cash or credit, except to the extent
required by law.
* Promo Codes may not be sold, assigned, or otherwise transferred.
* Promo Codes may not be combined with any other promotion, offer, or price
reduction.
* If the offer has a minimum purchase requirement, taxes, shipping and
handling, service costs, and gift card purchases do not apply when
determining the minimum purchase amount.
* Brand/Manufacturer Exclusions may apply. See here for a list.
* Promo Codes must be applied at Checkout. Customer Service will be unable to
honor any adjustments post-order.
* No credits or refunds of the Promo Code value will be issued for any reason
after a Promo Code has been used, except as described in these Terms.
* If you return an item that was subject to a Promo Code, the return will be
processed in accordance with Wayfair's return and exchange policy. If the
return is accepted by Wayfair, you will be refunded on the payment method
used for your purchase, less any shipping costs and less the discount that
was applied to your purchase. If part of your order was paid using a gift
card, that portion of the purchase costs will be refunded back to your gift
card.
* Wayfair may apply other restrictions to, modify or terminate the Promo Codes
at any time.
* Wayfair reserves the right to change these Terms from time to time at its
discretion.
* Promo Codes not used during the applicable promotional period will be
forfeited.
* Promo Codes and related promotions are in no way sponsored, endorsed,
administrated by, or associated with any social media platform where it may
be posted, and in particular with Facebook, Instagram, Twitter or Pinterest
as the case may be. By using any Promo Code, you release the relevant social
media platform and its affiliates from any and all liability in connection
with the present promotion.
* If any section of these Terms is found to be invalid or unenforceable for any
reason, the remaining sections will not be affected and will continue in full
force and effect.
* Failure to comply with these Terms will invalidate the Promo Code.
* Promotions sponsored by Wayfair LLC.
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