ONLINE PURCHASE TERMS AND CONDITIONS
This section sets forth ethanallen.ca’s Terms and Conditions of sale. Ethanallen.ca (“website”) is a part of Ethan Allen Global, Inc. and its subsidiary Ethan Allen Retail, Inc. (collectively, “Ethan Allen”). Ethan Allen has a national network of company-operated and independently operated Design Centers (“Ethan Allen Design Centers”) that sell and deliver Ethan Allen products. By completing a purchase with us you agree to follow these Terms and Conditions and to be bound by them.
Unless otherwise approved in writing by Ethan Allen, you are permitted to electronically copy and print these Terms and Conditions for the sole purposes of personally reviewing and maintaining a record of the Terms and Conditions pertaining to your order for your personal use only, and for no other purpose of any sort whatsoever.
Obtaining a Printed Copy of These Terms and Conditions
You may obtain a printed copy of the current Terms and Conditions by sending an email to CanadaCS@ethanallen.com and requesting a copy to be sent to you by mail and providing your contact information in the email. Alternatively, if you would like an emailed copy of these Terms and Conditions, please provide your name and the email address to which you would like for the Terms and Conditions to be sent.
Modifications to Terms and Conditions
We may update or modify these Terms and Conditions at any time and without prior notice. For this reason, you should review our Terms and Conditions each time you purchase products from us.
Certain names and marks are proprietary and are owned by Ethan Allen Global, Inc. “Ethan Allen” is a registered service mark and trademark of Ethan Allen Global, Inc. This website and all its contents are protected under copyright by Ethan Allen Global, Inc. with all rights reserved.
Ethan Allen Design Centers carry many of the products displayed on our website. In some cases, merchandise on our website may not be available at select Ethan Allen Design Centers, may be out of stock, or may be discontinued without notice. Some items shown on our website are only available in Ethan Allen Design Centers.
All prices and services featured on our website are quoted in Canadian dollars, are valid and effective only in Canada, and are optional with each independently operated Ethan Allen Design Center.
Your total order amount, including sales tax, shipping costs, and delivery charges, will be charged in full to your chosen form of payment (credit card, gift certificate) at the time the order is placed.
Every effort has been made to ensure the accuracy of prices, item numbers, availability, and dimensions; however, we cannot be responsible for typographical errors. Ethan Allen reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions even after an order has been submitted or the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ethan Allen will issue a credit to your credit card account in the amount of the charge.
We are proud of our products and may reference wood and manufacturing techniques throughout the website. Wood/veneer species, product composition, and manufacturing techniques vary by product and may change over time without notice. Final products may vary in color, finish, size, fabric, or other features. With cut yardage and swatches, fabric widths and repeats may vary, and color variations will occur by dye lot.
Some of our products have been photographed with electronic equipment and/or alongside other decorative objects. Electronic equipment and decorative objects are not included with product purchase.
“Starting fabric” upholstery prices reflect the price of the item in its starting-grade fabric without any options. Unless otherwise prohibited under application law, items are not necessarily shown in starting-grade fabric.
Clearance items are final sale and may not be returned. Quantities are limited, and items are subject to prior sale. No price adjustments are given on prior sales.
The only warranties and guarantees provided by Ethan Allen are expressly set forth in the Ethan Allen Limited Warranty in effect on the date of purchase, which Customer acknowledges has been reviewed. Ethan Allen disclaims all conditions, warranties, and guarantees that are not expressly set forth therein and any implied conditions, warranties, and/or guarantees, including, absent limitation, implies warranties of fitness for a particular use.
Order Cancellations & Returns
We cannot accept order cancellations on any custom-made or custom-cut items (collectively, “Custom”) past 72 hours after order placement.
For all items other than Custom that have not shipped, including gift registry items: We will accept a cancellation and issue a full refund to your credit card account, or we will issue a gift card. To cancel an ethanallen.ca order, please contact our Client Services at 1.877.386.9741.
For all other items that have shipped: Below, find the return policy that applies and follow that procedure.
We do not accept returns on mattresses or foundations (box springs), direct-wire lighting (including chandeliers), custom-made or custom-finished items, custom-cut fabrics, or custom artwork.
Return Procedure: Items Shipped via Parcel Post
Return the item along with a completed Return Authorization Form via Parcel Post within 30 days of receiving the product. Repack the item securely in its original carton. Use the Return Shipping Label attached to the Return Authorization Form that you received with your shipment. If you are missing your Return Authorization form, call Client Services at 1.877.386.9741. Keep the upper part of the Return Authorization Form for your records.
We will not accept returns for items returned more than 30 days after receipt. Shipping charges are not refundable, and you are responsible for the return shipping charges.
Your item will be inspected upon return. If in new condition, a credit will be issued to the original credit card.
Return Procedure: Premier In-Home Delivery Items
Contact Client Services at 1.877.386.9741 within 10 days of receiving your delivery. If authorized, a pickup will be scheduled within 30 days of your receipt of the product. A credit will be issued to the original credit card account; however, shipping charges are not refundable.
If the item arrived damaged, a signed delivery receipt or bill of lading with a notation of damage on it is required.
Shipping Address Changes
Once an order has passed our verification process, the shipping address cannot be changed. You may cancel the existing order, provided that it has not been processed for shipping, and place a new order with a different shipping destination.
Limitations of Liability
To the fullest extent permitted by applicable law, you agree that:
- with the exception of the express warranties set forth in Ethan Allen’s terms of sales and written warranty policies, Ethan Allen expressly disclaims all warranties of any and every kind, whether express or implied, including, among all others, the implied warranties of fitness for a particular purpose, non-infringement, and merchantability;
- Ethan Allen shall not be liable for any direct or indirect damages of any kind arising out of or in connection with your use of ethanallen.ca;
- the foregoing is a comprehensive limitation of liability and damages that shall apply to all damages of every kind and nature including, without limitation, direct, indirect, compensatory, incidental, punitive, and/or consequential damages, losses, misappropriation, and/or theft of data, goodwill, income, or profit, losses related to property damage of whatever type, and any other tangible or intangible losses or claims of third parties; and
- the maximum collective liability of Ethan Allen for all claims, causes of action, losses, or damages, however arising and by way of whatever type of proceeding, shall be no greater than one hundred dollars ($100).
Except as is otherwise prohibited by applicable law, the limitations set forth herein shall apply to any theory of legal liability, including, among all others, breach or repudiation of contract, violation of statute, violation of common law, tort, negligence, gross negligence, recklessness, intentional misconduct, strict liability, or any other claim or damage for any type of civil liability, or based upon any other legal theory and irrespective of whether damages, actual or otherwise, are deemed to exist.
The provisions of the foregoing paragraphs that impose a damages limitation of one hundred dollars ($100) or otherwise prohibit damages to be multiplied or increased, do not apply in the provinces in Canada which do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or another type of damages.
Please read this section carefully, as these provisions provide, unless otherwise prohibited by applicable law, for the resolution of disputes through the use of binding arbitration on an individual basis, and also include certain waivers, including waivers of all class actions, class arbitrations, jury trials, and the right to proceed in court (other than arbitration).
FOR CANADIAN RESIDENTS OUTSIDE OF QUEBEC
If you are a consumer, nothing in this provision shall be construed to limit your rights under consumer protection laws of your province or territory of residence.
Any legal action relating to the use of ethanallen.ca must be brought in the state or federal courts located in the State of Connecticut, Fairfield County.
You and Ethan Allen agree that any dispute or claim relating to any transaction or interaction with Ethan Allen (including, but not limited to every purchase), these Terms and Conditions, and/or any other aspect or issue concerning the relationship and transactions between you and Ethan Allen, whether pertaining to contract, tort, statute, common law, fraud, misrepresentation, civil liability or any other legal theory (each, a "Dispute") will be resolved in accordance with the provisions in this Legal Disputes section and any other applicable Terms and Conditions.
Subject to applicable law, these Terms and Conditions and any Dispute arising from or in connection thereto shall be governed by the laws of the United States, including the Federal Arbitration Act, and the laws of the State of Connecticut, without regard to principles of conflicts of law. To the extent prohibited by applicable law, non-U.S. citizens agree to an alternative procedure for dispute resolution if the arbitrator rules that arbitration is prohibited by law.
Except for disputes that qualify for small claims courts, all disputes arising out of or related to these terms and conditions or any aspect of the relationship between you and Ethan Allen, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that Ethan Allen and you are each voluntarily surrendering and waiving the right to trial by a judge or a jury. You agree that any arbitration under these terms and conditions will take place on an individual basis. Class arbitration and class actions are not permitted, and you are expressly agreeing to give up the ability to participate in a class action.
The arbitration shall be administered by the American Arbitration Association (the "AAA") under its then-applicable Consumer Arbitration Rules (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Consumer Arbitration Rules to the extent permitted by applicable law). The Consumer Arbitration Rules are available online, and can be found at: www.adr.org/consumer. To the extent that the AAA cannot or declines to administer the arbitration, the arbitration will be administered by JAMS (formerly, the Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Streamlined Arbitration Rules and Procedures to the extent permitted by applicable law). The Streamlined Arbitration Rules and Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/ (or at https://www.jamsadr.com to the extent of any updated version and/or if you cannot access or locate the most current version otherwise). If both AAA and JAMS cannot or decline to administer the arbitration, a court of competent jurisdiction may appoint a neutral arbitrator. Notwithstanding the foregoing, you may assert individual claims in small claims court if your claims otherwise qualify.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's or JAMS' applicable rules, except as set forth herein. To the extent you prevail on the Dispute(s) that are subject to the arbitration, we agree to pay up to, and you agree that you will not seek recovery from Ethan Allen of more than, the total sum of $5,000 for attorney's fees, costs, and expenses associated with the Dispute and the arbitration thereof; provided, however, that in the event you prevail, we also agree that we will pay the costs of the arbitrator's fees and the other costs associated with the arbitration itself. Likewise, even if we prevail, we will not seek attorneys' fees, costs, and expenses associated with the Dispute exceeding $5,000. You agree that if the amount involved in the Dispute is less than $10,000, the arbitration will be conducted, at your election, by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The arbitrator's decision, which shall be consistent with these Terms and Conditions, will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief and/or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by individual claims before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced by any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, territorial, provincial, or local governments or agencies and, if and to the extent applicable law permits, such entities having jurisdiction may seek relief.
This Agreement contains the entire agreement and understanding by and between Parties with respect to the subject matter hereof, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the party intended to be bound. This Agreement shall be binding upon, and shall inure to the benefit of, Ethan Allen and you, and their respective successors and/or assigns. However, you may not assign this agreement or any duties hereunder without the prior express written authorization of Ethan Allen. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing, or enforcing any of the provisions of this Agreement. Neither party shall be liable for the failure to perform its obligations under this Agreement due to events beyond such party’s reasonable control including, but not limited to, strikes, riots, wars, fire, acts of God, or acts in compliance with any applicable law, regulation, or order (whether valid or invalid) of any court or governmental body. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or shall be deemed a valid waiver of such provision at any other time.