Thanks for Visiting the Bed Bath & Beyond Web Site
The www.bedbathandbeyond.ca web site (the “Site”) is owned, operated and maintained by Bed Bath & Beyond Inc., the parent company to Bed Bath & Beyond Canada L.P., the entity that operates retail store chains under the name Bed Bath & Beyond. We refer to Bed Bath & Beyond Inc. as “Bed Bath & Beyond”, “we”, “us” or “our”. We hope you enjoy using the Site. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of our Site. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at email@example.com. In addition to the lower case words “we” “us” and “our” defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meaning are found where the capitalized words are placed in bold text inside parentheses and quotation marks.
Agreement with Our Terms and Conditions
By using this Site, you agree to accept the terms and conditions of this agreement ("terms and conditions"), so please be sure to read them carefully. If you do not agree with our terms and conditions, please do not use our Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check this page periodically for changes. Unless the law requires otherwise, your continued use of our Site following the posting of changes to these terms will mean that you accept those changes.
PLEASE BE ADVISED THAT TO THE EXTENT THAT BED BATH & BEYOND PROVIDES ANY CONTENT FROM THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO RECIPES AND ADVISE), SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND BED BATH & BEYOND CANNOT AND DOES NOT REPRESENT, WARRANT, PROMISE OR INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY, COMPLETENESS, CURRENCY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.
While we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we are committed to making the Bed Bath & Beyond shopping experience available to all our customers, including those with disabilities, and have designed this Site with accessibility in mind. You can help. If you notice any content, feature or functionality of the Site that is not accessible to people with disabilities, please email us at firstname.lastname@example.org with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
Restrictions on the Use of the Materials in Our Site
The Site and all of its content are copyrighted materials, protected by Canadian, U.S. and international copyright laws and other intellectual property laws and regulations. The compilation of content on our Site is either owned by or is under license to, Bed Bath & Beyond, and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.
Ampersand, Artic Gear, Atelier, Avondale, Bed Bath & Beyond, Bedding & Beyond, Bed Lifts, Be Here Now, Beyond, Beyond Any Registry of its Kind, Beyond Any Site of its Kind, Beyond Any Store of its Kind, Beyond Bedtime, Beyond Value!, Blue Line, Blue Green & Beyond, Bridal Toolkit, Café Beyond, Classic Elegance, Close Up, College & Beyond, Deco Bain, Decorative Living, DecorBeyond, Dream Beyond, E-2 – Think Save Conserve, Equip Your Space, Exclusively Ours, Game Set Health, Gifts & Beyond, Howbook, Insola, Millerton Market, Modern Classics, My Perfect Kitchen, Night Life, Pack & Hold, Palais Royale, Paws Life, Pure Beech, Refresh…Revive…Reveal Your Style, Service & Beyond, Simply Organic, Studio 3B, Summer & Beyond, The Beyond Store, The Seasons Collection, Thermal Tec, We Love University, Wowbook, 1001 Best Gifts & Beyond, 1-800-GO BEYOND, and any associated designs and logos are trademarks and service marks of Bed Bath & Beyond Inc. and its subsidiaries and in some cases are registered with the Canadian Intellectual Property Office, the United States Trademark Office, and the intellectual property offices of other countries. These trademarks and service marks may not be used by any party other than Bed Bath & Beyond and its subsidiaries without express written consent.
Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners.
You agree not to copy, reproduce, or modify any portion of the Site. This restriction includes a prohibition on copying, reproducing, or modifying any names, trademarks and logos which Bed Bath & Beyond owns or has the right to use.
The content of this Site can be downloaded from the Site onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices are not changed, obscured or deleted. Any modification of the content on our Site or use of them for any other purpose will violate our intellectual property rights (and probably the intellectual property rights of some other parties).
Everything you download from the Site, including the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, remains the property of Bed Bath & Beyond and its licensors. That means that Bed Bath & Beyond and its licensors retain full and complete title and interest in all of the associated intellectual property rights to the content, including the software, of this Site. You cannot redistribute or sell the content of this Site--or reverse-engineer, disassemble, or otherwise convert it to any other form.
You agree that your access to, and permitted use, of this Site is a privilege and not a right or entitlement (whether by contract or otherwise), and that Bed Bath & Beyond may prohibit your access to, or use of, this Site at any time without prior notice to you upon any determination that such prohibition is in the best interests of Bed Bath & Beyond or other visitors to, or users of, this Site. Notwithstanding any of these Site terms and conditions, you agree that Bed Bath & Beyond reserves the right, without notice and in its sole discretion, to terminate or to block your use of the Site.
Materials Submitted to Us
We welcome any comments you may have regarding Bed Bath & Beyond's stores, Site, merchandise, and services. Except for content submitted by you through our Bridal & Gift Registry and/or the Bridal Toolkit which are discussed in more detail below, any comments you submit to us through our Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.
Bridal & Gift Registry and Bridal Toolkit
We offer special wedding and wedding-planning features through the Bridal & Gift Registry and Bridal Toolkit portions of the Site (the “Bridal Features”). The Bridal Features allow you to submit, post and/or publish materials on or through the Site including text, photos, videos, information and graphics (“Content”). The Bridal Features and Content are governed by these terms and conditions and also by this section. Please read this section carefully. The Bridal Features, including your Personal Wedding Site, are accessible by the public. IT IS IMPORTANT TO REMEMBER THAT CONTENT AND OTHER MATERIALS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.
Content Ownership; Indemnity. As between you and Bed Bath & Beyond, you are and will remain the owner of the Content and represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to the Content you submit or post to the Site and such Content is truthful and accurate and shall not breach, infringe, contravene, detrimentally affect any other party's rights whatsoever, including intellectual property rights and no other party has any rights to such Content including so-called “moral rights.” You also agree to defend, indemnify and hold Bed Bath & Beyond, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your posting, submitting, publishing or transmitting any Content or other materials and/or your breach or violation of the law, these terms and conditions or any other party's rights, including intellectual property rights. Bed Bath & Beyond reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bed Bath & Beyond’s defense of such claim. For greater certainty, you promise that no other company or person will claim that you stole or are inappropriately using the Content and that if they do, or if you do other things that may make us liable for legal claims for what you do using the Bridal Features, you will legally protect us and fully indemnify us from that claim and pay any money that might be owed as a result, whether to our lawyers, your lawyers, a court or the other person or company making the claim.
Our Right to Use the Content. Although, as we stated above, you retain ownership of the Content, by submitting, posting or displaying Content you are automatically granting, and hereby do grant to Bed Bath & Beyond, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate) such Content in all forms and media in connection with the Bridal Features (the “License”). This means that our right to possess, use and display the Content anywhere and through any means the Internet allows will never expire, that we will never owe you any money for it and that we may allow others to use or possess the Content, for instance to host the Bridal Features for us or if we were to sell or re-organize our business. If you remove the Content from the Bridal Features, however, we will make reasonable efforts to ensure that it no longer appears on the Site and is removed from our internal systems and no longer used.
Right to Monitor Content. You acknowledge and agree that Bed Bath & Beyond does not and cannot review all Content submitted or posted to the Site. Notwithstanding the foregoing, Bed Bath & Beyond reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and we expressly deny and disclaim any responsibility and liability for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, to enforce the terms and conditions, to respond to claims that the Content violates the rights of other parties, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms and conditions, Bed Bath & Beyond’s policies or applicable law. We may also impose limits on certain Bridal Features or restrict your access to part or all of the Bridal Features without notice or penalty if we believe you are in breach of these terms and conditions or applicable law, or for any other reason without notice or liability.
Infringement Notice. If you know that materials we host on or through the Bridal Features infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You agree that you accept our suggestion that you consult your legal advisor before filing a notice or counter-notice. Bed Bath & Beyond maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. You agree that you are solely responsible and liable for the accuracy and truth of the notice or counter-notice, and shall fully indemnify Bed Bath & Beyond for, any costs or damages suffered or incurred by Bed Bath & Beyond as a result of Bed Bath & Beyond removing or blocking any alleged infringing Content as described in the notice. Notices and counter-notices for the Site should be sent to:
Via electronic mail at:
Via regular mail at:
Bed Bath & Beyond Inc.
Attn: Vice President of E-Services
110 Bi County Boulevard
Farmingdale, NY 11735
With a copy to:
Bed Bath & Beyond Inc.
Attn: General Counsel
650 Liberty Avenue
Union, New Jersey 07083
Password – You acknowledge and agree that the user identification chosen by you for access and utilization of the Bridal Features ("Username"), and the password selected by and used by you in conjunction with the respective Username are to be kept secure, secret and confidential ("Password"). Bed Bath & Beyond is authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Bridal Features.
Content not Confidential – You agree that any Content you submit or post onto the Site shall not be treated as confidential and Bed Bath & Beyond shall have no obligation or duty to keep such Content confidential.
Any conduct by you that in Bed Bath & Beyond's sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site, the Bridal Features or Bed Bath & Beyond. You are solely responsible and liable for any damages suffered or incurred by Bed Bath & Beyond in connection with the Content you submit or post, or that is submitted or posted under your Username and Password.
We offer gift cards for use in our stores or on the Site. Our provision, and your use, of such gift cards is governed by these terms and conditions, and the gift card terms and conditions which are available at: http://www.bedbathandbeyond.ca/giftCert.asp and which are hereby incorporated into these terms and conditions by this reference.
Treatment of Tax
We may be required by law to charge goods and services tax, provincial sales tax, or harmonized sales tax, on your purchase of products from our website. We may also be required to charge tax on shipping charges.
We do not collect goods and services tax, provincial sales tax, or harmonized sales tax on gift cards, as the appropriate taxes will be charged on the purchase when the gift card is redeemed.
Disclaimer, Limitation of Liability and Release
None of what follows affects in any way our return policy at bedbathandbeyond.ca. If for any reason you are not satisfied with a purchase that you make from our Site, please return it. Instructions on how to do so will be included with your order. The following, though, is important information about your use of this Site.
THE SITE AND ANY CONTENT THEREIN, THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITH ALL FAULT AND WITHOUT REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND; AND ALL WARRANTIES, REPRESENTATIONS AND COVENANTS WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TRUTH, QUALITY, COMPLETENESS, SUITABILITY RELIABILITY, AUTHENTICITY, VALIDITY, WARRANTIES OF TITLE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND ANY CONTENT THEREIN, THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE ARE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPLETELY DENIED AND DISCLAIMED.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND BED BATH & BEYOND, IT'S SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE ("BED BATH & BEYOND PARTIES") WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, THIRD PARTY, PUNITIVE , CONSEQUENTIAL, SPECIAL DAMAGES OR OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES) THAT MAY RESULT OR ARISE FROM, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, DETRIMENTAL RELIANCE, EQUITY, STATUTORILY, OR OTHERWISE, AND EVEN IF THE BED BATH & BEYOND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR RELIANCE UPON, USE OF (OR INABILITY TO USE) OUR SITE OR ANY CONTENT THEREIN OR ANY OTHER WEB SITE TO WHICH YOU HYPERLINK FROM OUR SITE.
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT. IN THE EVENT THAT THE LIABILITY FOR ANY OF THE ABOVE DAMAGES CANNOT BE EXCLUDED BY APPLICABLE LAW YOU AGREE THAT SUCH LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU HEREBY REPRESENT, WARRANT AND COVENANT THAT YOU ABSOLUTELY AND IRREVOCABLY RELEASE THE BED BATH & BEYOND PARTIES FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THAT YOU MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE, IN ANY CONNECTION WITH THE SITE AND ITS CONTENT, CONTENT YOU MAY SUBMIT OR POST OR ANY VIOLATION OF YOUR INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS THAT MAY OCCUR ON THE SITE.
YOU AGREE AND CONFIRM THAT THE LIMITATION ON LIABILITY AND RELEASE ARE FAIR AND REASONABLE IN THE CIRSUMSTANCES OF THIS AGREEMENT.
THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. BED BATH & BEYOND THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
You agree to defend, indemnify and hold harmless the Bed Bath & Beyond Parties against any claims, damages (including but not limited to, direct, indirect, third party, consequential or special), loss, harm, costs, liabilities and expenses (including, but not limited to, reasonable lawyers’ fees) suffered or incurred by any Bed Bath & Beyond Party, arising out of or in any way related to: your access to and use of this Site, including, your willful misconduct, your use or inability to use the Site; your breach of the terms and conditions or of any representation, covenant or warranty contained herein; any breach, infringement, misappropriation or misuse by you of any third party's intellectual property right, or other rights; any Content submitted or posted to the Site by you or under your Username and Password breaches, infringes, contravenes or otherwise interferes with any third party's intellectual property rights, or any other rights; any personal injury or death or any property damage by reason of any of your acts or omissions whether negligent or otherwise.
Jurisdiction and Applicable Law
Unless otherwise specified, the materials in our Site are presented to provide information about Bed Bath & Beyond, its products offered for sale and to provide related services and information to visitors.
These terms and conditions and the agreement they create, and your access and use of this Site shall be governed by and interpreted according to the laws of the Province of Ontario, and the federal laws of Canada applicable therein (without applying conflict-of-law principles), excluding the body of law applicable to choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute between you and Bed Bath & Beyond or any other person arising from, connected with or relating to this Site, these terms and conditions, or any related matter will be resolved before the Provincial and federal courts in Toronto, Ontario, Canada and you agree that such venue is the most appropriate and convenient concerning your use of this Site and the transactions contemplated thereby; and you irrevocably submit and attorn to the original and exclusive jurisdictions of these courts.
Additional Points about the Terms and Conditions of this User Agreement
We in no way imply that the materials on our Site are appropriate or available for use outside of Canada. If you use the Web site from locations outside of Canada, you do so at your own risk, and are responsible for compliance with any applicable local laws, rules, regulations and by-laws.
You represent, warrant and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and by-laws of Canada, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission or exporting of technical data from Canada or the country in which you reside. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Bed Bath & Beyond is prohibited from communicating with and you agree that you shall not access this Web site from such country or jurisdiction including, but not limited to, any jurisdiction that is on the Area Control List of the Exports and Imports Permit Act of Canada.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Bed Bath & Beyond may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
You acknowledge and agree that nothing in this Site or this agreement shall create or be construed to create any type of agency, fiduciary, joint venture, partnership, or business relationship between Bed Bath & Beyond and yourself.