Terms & Conditions

Please take a few minutes to review these terms and conditions (“terms”). These terms apply to your access and use of the powerskurf.com website, all other websites, mobile sites, services, applications, platforms and other tools where these terms appear or are otherwise referenced, or for which no separate terms are provided as well as to your visits to or interaction with us in any of our stores or elsewhere (collectively, the “site”).

These Terms contain an arbitration provision. Please review the Arbitration section for details.

These Terms and Conditions May Change

We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means in our sole discretion. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner.

Additional Terms

From time to time, we may present you with additional terms and conditions for specific services, programs or products (“Additional Terms”). In the event those Additional Terms may conflict with or be inconsistent with these Terms, including any arbitration provision or dispute resolution provision, these Terms will control.

Eligibility

You must be at least 13 years old to use the Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Site and our mobile applications with permission from your parent or legal guardian.

Your Account

You may be required to register with Us in order to access certain services or areas of the Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, we reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Shipping and Processing and In-Store Pick-Up

Our shipping and processing charges are intended to compensate Us for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.

Some of Our stores offer certain in-store pick up options, including paid hold and ship-to-store services. We will hold your order in the store for 30 days. After 30 days, We will return your item to the store floor or warehouse, as applicable. If you paid for your item by credit card, we will credit the amount of your purchase back to the credit card you used for payment. If you paid for your purchase by cash or check, We will, at our option, provide you with a check or a store credit for the amount of your purchase.

User Content

The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews and photos (“User Content”). You may also submit User Content in the other ways that you interact with Us such as through social media, by email, by phone, and otherwise. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, post, submit, send, or receive any User Content to or through the Site, you give Us permission to reproduce and use your User Content as follows: you grant to Us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Site, to develop new products and services, and for other Powerskurf, Inc. marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Powerskurf, Inc. or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.

You promise that:

• you own all rights to your User Content or that you have the right to give us the rights described above;
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
• we may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Site for any reason with or without notice.

Open Source

The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.

Product Pricing Information

The prices displayed on our Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the London, Site prices will be displayed in London. Elsewhere, Site prices will generally be displayed in the local currency. The prices displayed in our printed catalogs are quoted in £ and are valid and effective only in the London.

For full-price products, “Suggested Price” or “Sugg. Price” refers to the manufacturers’ suggested retail price. “Our Price” refers to the everyday value price we offer to our customers. For sale products (identified by pricing in red), “Suggested Price” or “Sugg. Price” refers to the most recent selling price. “Sale” refers to the reduced price we are offering to our customers.

Special Offers

Occasionally We will offer special promotions to our customers that We refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only. In addition, products marked as “exclusive” or “only at Williams Sonoma” may be referring only to certain colors, sizes, finishes and/or versions of a product.

Inaccuracy Disclaimer

From time to time there may be information on our Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Powerskurf, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Browsing Session Information

We use technologies that maintain records of your browsing session, chats, and other activities on our Site. These technologies may include session replay that maintains a record of your interactions with our Site, chat providers that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Site, as well as other technologies that collect and share your interactions with our Site. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes and in accordance with our Privacy Policy.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Powerskurf, Inc. and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Other Provisions

To the extent any action relating to the use of the Site, mobile applications, catalogs or any transaction with Powerskurf, Inc. is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, such action must be brought in the state or federal courts located in the County of London. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Except as otherwise described in these Terms, these Terms and Conditions will be governed by and construed in accordance with the laws of London, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Accessibility

We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call our Customer Service Team toll-free at +44 797 377 2552 and we will be happy to assist you.