New Terms and Condition
(“TERMS AND CONDITIONS”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE INCLUDING ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE (COLLECTIVELY, THE “WEBSITE”) AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Website is owned and operated by Hudson’s Bay Company ULC in conjunction with its affiliates and sister companies (collectively “Hbc”) in accordance with these Terms and Conditions. Hbc may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this Website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this Website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.
If you become aware of any misuse of the Website, please contact us by email.
The Content of this Website / Intellectual Property
All content which forms a part of this website, including without limitation, all text, design, graphics, sounds, drawings, photographs, e-mails, video, code, software, tradenames and all organization and presentation of such content (collectively, the “Content”), is subject to proprietary rights provided under intellectual property law including without limitation patent, copyright, trademark, and trade secret laws. You acknowledge and agree that the ownership right and title to such rights will continue and remain with Hbc or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this Website for your own non-commercial and lawful use, provided you keep intact all copyright and any other proprietary notices contained in the original Content. Except as expressly authorized by these Terms and Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Hbc or the respective copyright owner. “Hudson’s Bay Company”, “Hbc.com”, “Hbc”, “the Bay”, “thebay.com”, “Hbc Rewards”, and certain other names, words, logos, slogans and images used on this Website are the property of and are subject to trade-mark rights held by Hbc. Certain other trade-marks, trade names, words, logos, slogans and images depicted on this Website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. Hbc reserves the right to enforce its intellectual property rights to the fullest extent of the law.
Links to Third Party Websites
This Website may contain links to other websites which are provided only as a convenience to you. The provision of any link does not constitute an endorsement of such website by Hbc. All such other websites are independent from this Website and from Hbc. Hbc has no control over and expressly disclaims any liability for such other websites and their content. Any transactions that take place between you and the third party are directly with the third party and Hbc is not and shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
Warranties, Disclaimers and Exclusion of Liability
You expressly understand and agree that: The Website and its Content are provided on an “as is” and “as available” basis and your use of (or inability to use) this Website and the Content is at your own risk. Hbc and its affiliates, directors, officers, employees, agents and representatives expressly disclaim all warranties of any kind, whether express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Hbc makes no warranty that: (i) the Website will meet your requirements or will be uninterrupted, timely, secure, or error free; (ii) information that may be obtained will be accurate or reliable; (iii) the quality of any products, services, information or other material obtained by you through the Website will meet your expectations or needs; and (iv) any errors in the Website will be corrected. Hbc assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Website. You agree that your sole remedy in the event of any problem with your use is to cease using this Website.
In addition, all products and services purchased on or through the Website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, Hbc disclaims all warranties of any kind, either express or implied, including any implied warranties, with respect to the products and services listed or purchased on or through the Website. Without limiting the foregoing, Hbc disclaims liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions. Hbc attempts to be as accurate as possible. However, Hbc does not warrant that product descriptions or other content of any Hbc service is accurate, complete, reliable, current, or error-free. If a product offered by Hbc is not as described, your sole remedy is to return it in unused condition.
In no event shall Hbc or any of its directors, employees, officers, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of this Website or the Content, or any other website linked to this Website, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages. Without limiting the generality of the foregoing, Hbc and its affiliates, directors, officers, employees, agents and representatives and their respective successors and assigns shall not have any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the Website; or (vi) for any other matter relating to this Website or any third party website.
Notwithstanding anything to the contrary, the sole and entire maximum liability of Hbc for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Hbc on this Website.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Hbc, its affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of: (i) your use of the Website; (ii) any activity related to your account by you or any other person; (iii) any material that you submit to, post on or transmit through the Website; (iv) your infringement or violation of any rights of another; or (v) your breach or alleged breach of these Terms and Conditions.
Applicable Law and Jurisdiction
You agree that (a) all matters relating to access to, use of, or purchases through the Website will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario (b) the courts of Ontario have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.
Online Shopping Terms and Conditions
Purchase Policies: If you make a purchase at this Website, your purchase will be subject to additional purchase terms and conditions found on the Website or shared with you, including but not limited to policies relating to shipping and returns (collectively, “Purchase Policies”). BY SUBMITTING PAYMENT INFORMATION IN CONNECTION WITH ANY PURCHASE, YOU AGREE TO HBC’S PURCHASE POLICIES.
Payment: You agree to pay for all charges noted herein as payable by you. All prices listed on this Website are in Canadian dollars and all charges will be processed in Canadian dollars.
Effect of errors on Hbc’s part: While Hbc takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. Hbc may correct errors or inaccuracies and change or update information on this Website at any time without notice, including in respect of prices and availability of items.
Pricing/Purchase Terms: The items available on this Website, and the prices for items on this Website, are not necessarily the same as the items and pricing within any “bricks and mortar” Hbc stores or other Hbc websites. All prices listed on this Website are subject to confirmation. No orders, including their price, are final or binding until shipped. Hbc has the absolute discretion to fix pricing errors, which may include the cancelation of your order. You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted. You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf. Any items purchased on this Website will not be delivered to an address outside of Canada. Hbc reserves the right to: (i) limit the quantities of items which you, your family or any group can purchase; (ii) reject, correct, cancel or refuse orders; and (iii) determine accounts in its discretion including, without limitation, if Hbc believes that customer conduct contravenes applicable law, these Terms and Conditions, or is harmful to the interests of Hbc or its representatives, agents, contractors, suppliers or licensees. Hbc will use reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Hbc will not be responsible for delays in delivery including but not limited to delays which are beyond its control. Where delivery is delayed, Hbc will notify you as soon as possible. In order to protect you and Hbc from fraudulent transactions, Hbc may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. Hbc also reserves the right, at its discretion, not to ship items ordered or purchased on this Website to certain addresses. In the event that Hbc chooses not to ship an item, you will be notified and any amount charged to your credit card will be refunded.
Hbc Rewards: When you order items through this Website, you may have the option to collect Hbc Rewards points for certain purchases. If you choose to do so, then Hbc will forward to Hbc Rewards the information necessary to collect Hbc Rewards points in accordance with the terms and conditions of Hbc Rewards.
Representations and Warranties
You understand that the Website is available for your personal, non-commercial use only. By submitting any content to Hbc or through this Website, you represent and warrant that: (i) you are the sole author and owner of the intellectual property rights thereto and you voluntarily waive all “moral rights” you may have to such intellectual property; (ii) all content that you post is accurate; (iii) you are at least 13 years old, and; (iv) use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content: (i) that is known by you to be false, inaccurate or misleading; (ii) that infringes any third party intellectual property rights or rights of publicity or privacy; (iii) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, obscene, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (v) for which you were compensated or granted any consideration by any third party; (vi) that includes any information that references other websites, physical addresses, email addresses, contact information, advertisements, other products, offers, “spam” content, or phone numbers, or; (vii) that contains any computer viruses, worms or other potentially damaging computer programs or files.
Ownership of Content
For any content that you submit, you grant Hbc a, perpetual, irrevocable, royalty-free, transferable and fully sublicencable right and license with respect to such content to use, produce, reproduce, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, communicate to the public by telecommunications, distribute, incorporate into any form, medium or technology, each throughout the world in any media for all purposes, including advertising and promotions, without compensation to you. All content that you submit on or through the Website may be used at Hbc’s sole discretion. Hbc reserves the right to change, condense or delete any content on the Website including but not limited to content that Hbc deems, in its sole discretion, to violate any provision of these Terms and Conditions. Hbc does not guarantee that you will have any recourse through Hbc to edit or delete any content you have submitted. Hbc has the right but not the obligation to monitor, edit, remove or refuse to post any submission or content for any reason. You acknowledge that you, not Hbc, are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Hbc, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Hbc takes no responsibility and assumes no liability for any content posted or submitted by you or by any third party.
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization; (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”; (d) forging any TCP/IP packet header or any part of the header information in any posting; (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Hbc’s ability to monitor or make the Website available, or; (f) taking any action in order to obtain services to which you are not entitled.
Suspension or Termination
If Hbc determines, in its sole discretion, that you are in violation of these Terms and Conditions or at risk of violation of these Terms and Conditions, Hbc may suspend or terminate your use or access to the Website without notice to you, and take any other action available to it at law. Hbc shall not be liable for any damages of any nature suffered by you or a third party resulting from Hbc’s exercise of its rights under these Terms and Conditions.
Hudson’s Bay Gift Card & eGift Card terms and conditions:
Use of any Hudson’s Bay Gift Card or eGift Card (“Gift Card” or “eGift Card” as applicable) constitutes acceptance of these Terms and Conditions.
- Gift Cards or eGift Cards are redeemable towards merchandise only online at thebay.com or at any Hudson’s Bay store. Gift Cards must be present when being used for payment in-store.
- Gift Cards or eGift Cards are not refundable.
- Gift Cards or eGift Cards may not be redeemed for cash, used to purchase any other Gift/eGift Cards, or applied as payment to your Hudson’s Bay MasterCard® or Hudson’s Bay Credit card account.
- For any purchase that exceeds the value of a Gift Card or eGift Card, the balance owed must be paid with one additional form of payment such as cash or debit (for in-store purchases), Hudson’s Bay MasterCard®, Hudson’s Bay Credit Card or other credit cards.
- Sales tax is applicable to merchandise purchased with a Gift Card or eGift Card.
- Delivery of an eGift Card to an incorrect but deliverable email address as provided by the purchaser is the responsibility of the purchaser.
- Gift Cards and eGift Cards have no service fees and no expiration dates.
- Refunds on purchases made with Gift Cards or eGift Cards will be applied to a Gift Card.
- Hbc is not responsible for lost or stolen Gift Cards or eGift Cards. However, if your Gift Card or eGift Card is lost or stolen, and you have proof of purchase, we will issue a replacement, at Hudson’s Bay stores only, for the remaining balance shown on our records at the point of replacement card issuance.
- Gift Cards or eGift Cards received in error including an error on the amount issued are subject to cancellation.
- No change will be given for any unused balance unless required by law.
- To verify the remaining balance on a Gift Card or eGift Card, please inquire at any store register, or click here to check online.
- If you need assistance, please call Customer Service at: 1-800-521-2364.Your eGift Card number and PIN# are required for all inquiries.
- Hudson’s Bay, the Bay, and their associated designs are trademarks of HBC and are governed by the Terms and Conditions found on the Website.
- Hbc reserves the right to change these Terms and Conditions from time to time at Hbc’s discretion.
These Terms and Conditions constitute the entire and only Terms and Conditions between Hbc and each user of the Website with respect to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions are deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. The failure of Hbc to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit Hbc’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.
If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us.