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LIMITED WARRANTY ON WILLIAMS-SONOMA
BRANDED ELECTRICS
NOTE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER
PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED. BY
PURCHASING A WILLIAMS-SONOMA BRANDED ELECTRONIC PRODUCT, YOU AGREE TO BE BOUND BY THIS
ARBITRATION PROVISION. PLEASE READ IT AREFULLY.
Williams-Sonoma hereby warrants that for a period of two years from the date of purchase, this product will be
free from mechanical defects in material and workmanship, and for 90 days in respect to non-mechanical parts.
At its sole discretion, Williams-Sonoma will either repair or replace the product found to be defective, or issue a
refund on the product during the warranty period.
EXCLUSIONS:
The Limited Warranty does not cover normal wear of parts, or damage resulting from any of the
following: negligent use of the product; use of improper voltage or current; improper routine maintenance; use
contrary to the operating instructions; commercial use; or unauthorized service during the warranty period on
conditions otherwise covered by the warranty. Also, the Limited Warranty does not cover damages caused by
Acts of God such as fire, floods, hurricanes, or tornadoes. Repair or replacement of the product is the only remedy
available under this Limited Warranty. Williams-Sonoma shall not be liable for any incidental or consequential
damages caused by the breach of any express or implied warranty. Other than as provided in this Limited
Warranty, the product is being provided “as is.” Any implied warranty of merchantability or fitness for a particular
purpose is limited in time to the duration of the Limited Warranty. However, some states, provinces or jurisdictions
do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an
implied warranty lasts, and therefore, the above exclusions or limitations may not apply to you. The warranty
gives you specific legal rights, and you may also have other rights that vary by state, province and/or jurisdiction.
HOW TO OBTAIN WARRANTY SERVICE:
You must contact Customer Service at our toll-free number: 1-877-504-8004.
A Customer Service Representative will attempt to resolve warranty issues over the phone. If the Customer Service
Representative is unable to resolve the problem, you will be provided with a case number and asked to return the
product to Williams-Sonoma. Products can be returned to a Williams-Sonoma store. Attach a tag to the product
that includes: your name, address, daytime contact telephone number, case number, and description of the
problem. Also, include a copy of the original sales receipt.
ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS:
Mandatory, Bilateral, and Binding Arbitration: Please
read this carefully. It affects your rights. You and the Company agree that any dispute, controversy, or claim
arising out of or relating in any way to the Limited Warranty, including any dispute or claim as to the application,
enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved only by final and binding,
bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2)
this agreement to arbitrate does not include your or the Company’s right to seek injunctive or other equitable
relief in a court of competent jurisdiction pursuant to the Choice of Law & Jurisdiction provision below, to prevent
the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1,
et seq.
, and federal
arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however,
can award on an individual basis the same damages and relief as a court (including injunctive and declaratory
relief, or statutory damages), and must follow the terms of this Limited Warranty.
The term “Dispute” shall include any dispute, claim, or controversy between you and the Company regarding
or relating to any aspect of this Limited Warranty, whether based in contract, statute, regulation, ordinance,
tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other
intentional tort), or any other legal or equitable theory. The term “Dispute” also includes, but is not limited to, any
and all claims between you and the Company in any way related to or concerning this agreement and includes
the applicability, enforceability, scope, or interpretation of this agreement to arbitrate. The term “Dispute” is to
be given the broadest possible meaning that will be enforced.
DISPUTE NOTICE:
Before initiating an arbitration, you and the Company each agree to first provide the other a
written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant
documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute
can be (1) mailed to Williams-Sonoma, Inc. Legal Department, 3250 Van Ness Ave, San Francisco, CA 94109, (2)
emailed to [email protected], or (3) brought to the attention of the Company’s Customer Service department at
1-877-504-8004. The Company will provide a Notice of Dispute to you via the mailing address or email address
associated with your Account and/or billing information (the “Notice Address”).
You and the Company agree to make attempts to resolve the Dispute prior to commencing an arbitration and not
to commence and arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement
cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or the Company may
commence an arbitration proceeding.
ARBITRATION PROCESS AND PROCEDURE:
All controversies, claims, counterclaims, or other disputes arising
between you and Williams-Sonoma, Inc. relating to this Limited Warranty (“Claim”) shall be submitted for binding
arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration
will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final
and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that
the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including,
without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other
oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully
be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of
securities regulatory authorities or other governmental agencies.
CLASS ACTION WAIVER: NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE
CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.
Further, unless both you and the Company
expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If this prohibition
of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this
arbitration provision shall be null and void. If, for any reason, a claim proceeds in court rather than in arbitration,
we each waive our right to a jury trial.
FEES:
In the event you commence arbitration, after Williams-Sonoma receives notice that you have initiated
arbitration, the Company will promptly reimburse you for your payment of the filing fee and the Company will pay
any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
CHOICE OF LAW & JURISDICTION:
This Limited Warranty shall be interpreted, construed, enforced, and governed
in all aspects in accordance with the exclusive jurisdiction and laws of California, without regard to conflict of
law principles. Any suit, cause of action, or legal proceeding arising under or relating to this Limited Warranty
that is not addressed through arbitration or in small claims court as provided above, shall be in the exclusive
jurisdiction and venue of the state courts of California, situated in San Francisco County, California or the
federal courts situated in the Northern District of California. You and Williams-Sonoma agree to submit to the
personal jurisdiction of a state court located in San Francisco County, California or a United States District Court,
Northern District of California for any actions which the parties retain the right to seek relief.
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