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Customer Service > Terms of Use

TERMS OF USE

Welcome to na.wwrd.com, the multi-branded website serving the U.S. versions of: Waterford.com; Wedgwood.com; and RoyalDoulton.com. These sites are owned by WWRD US, LLC. ("WWRD US"), which provides you, as a visitor to or customer of these sites, with access to and use of these sites subject to your compliance with the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein (the "Agreement"). You should read this agreement carefully before browsing, using, or ordering products or services on our Sites.

The use of these Sites is governed by terms, provisions and conditions set forth herein and by entering these Sites you agree to be bound by all such terms, provisions and conditions. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms.

By entering these Sites, you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms, provisions and conditions as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnity provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use these sites, without which agreement WWRD US would not enter into this agreement or permit you to use these sites. If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to discontinue your use of these sites immediately.

This Agreement does not alter in any way the terms or conditions of any other written or on-line agreement you may have or will have with WWRD US. WWRD US reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on these sites, along with the effective date of changed or modified Agreement. Any changes or modifications will be effective upon posting of the new Agreement on these sites as revised, and your access to or use or browsing of our Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

AVAILABILITY TO U.S. RESIDENTS

These sites are intended only for the use of persons residing in the United States, and for delivery of products and services within the United States. If you reside outside of the United States, or are seeking delivery of products or services outside of the United States, links to our regional Waterford, Wedgwood and Royal Doulton websites can be found in the lower right-hand corner of the page footer on the homepage of each site. Please note, product selection, style, availability and pricing may vary by region.

RELATED POLICIES

Privacy Policy. WWRD US is committed to protecting the privacy of customers and visitors who use our these sites. We have therefore created a Privacy Policy to explain our privacy practices and procedures. We believe that you should know what information we collect from you, as well as understand how we use, disclose, and protect that information. We believe that you should be able to communicate with us easily to limit the disclosure of any of your personally identifiable information, where practicable, and to address any questions or concerns that you may have. To learn about WWRD US's information collection and use practices and policies, please refer to the Privacy Policy section of these sites.

LICENSE AND TERMS OF SITES ACCESS

Limited License: WWRD US grants you a limited license to access and make personal, non-commercial use of our Sites and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from these sites is strictly prohibited without the express written consent of WWRD US. Our grant of this limited license does not include, without limitation: (1) any resale or commercial use of these sites or any of its content; (2) the collection and use of any product or service listings or descriptions; (3) making derivative uses of these sites or any of its contents; or (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods. Except as noted above, WWRD US does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of WWRD US or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.

Framing and Tagging: WWRD US grants you a limited license to access and make personal, non-commercial use of our Sites and the content displayed on it. Any other redistribution, retransmission, copying, or publications of any content from these Sites are strictly prohibited without the express written consent of WWRD US. Our grant of this limited license does not include, without limitation: (1) any resale or commercial use of these sites or any of its content; (2) the collection and use of any product or service listings or descriptions; (3) making derivative uses of these sites or any of its contents; or (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods. Except as noted above, WWRD US does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of WWRD US or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.

Harmful Content: By using theese sites, you agree not to submit or disseminate any harmful message, data, information, text or other material, including without limitation, viruses, "Trojan horses," "worms," "time bombs," "zombies," "cancelbots," or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of WWRD US or any third parties.

User Name and Password: If you use any part of these sites that requires a user name or password-including but not limited to registration through the "My Account" section of these sites-then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account, your username, or your password is compromised in any manner, you should notify WWRD US immediately. Consistent with the Network and Information Security provisions of our Privacy Policy, WWRD US reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of these sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, WWRD US may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall WWRD US be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of WWRD US under this provision, (2) any compromise of the confidentiality of your account or password, or (3) any unauthorized access to your account or use of your password. Any unauthorized use of these sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Responsibility for Your Conduct. By using these sites, you agree not to impersonate any person or entity, otherwise misrepresent your affiliation with a person or entity, misrepresent your address or country of residence, or interfere with other users of these sites. You are solely liable for the content of any message, data, information, text, or other material you submit or transmit to these sites. Consistent with the Indemnity section below, you agree to indemnify and hold harmless WWRD US from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party.

Enforcement. WWRD US has the right, but not the obligation, to suspend or terminate your access and use of these sites at any time and at its sole discretion and to cancel your order for products or services at any time and at its sole discretion. WWRD US has the right, but not the obligation, to enforce strictly this Agreement by, without limitation, issuing warnings, suspending or terminating your registration or account, self help, active investigating, litigating, and/or prosecuting in any court or appropriate venue. Consistent with its Privacy Policy, WWRD US may access, use, and disclose transaction information and any message, data, information, text or other material you submit or transmit to these sites to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to bill, and collect for products and services; to protect our rights or property. Indirect or attempted violations of this Agreement or any related policy, and actual or attempted violation by a third party on behalf of a WWRD US customer shall be considered violations of the Agreement by such customer.

ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.

Item availability and prices for all products sold on these sites are subject to change without notice. Prices for products sold on these sites may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders).

PAYMENT METHODS

Payment for the products purchased on these sites may be made by credit card. Currently, we accept the following major credit cards: Visa®, MasterCard® and American Express®. We may from time to time modify our list of accepted credit cards. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You may further be required to provide us with the security code on your credit card. Incorrect information may cause a delay in processing your order.

CORRECTION OF ERRORS & INACCURACIES

The information on these sites may contain typographical errors or inaccuracies and may not be complete or current. WWRD US reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a product is listed by WWRD US at an inaccurate price due to typographical error or error in pricing information or for any other reason, WWRD US shall have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, WWRD US shall offer a refund to you of previous amounts paid in respect of your purchase. The display of products on these sites shall not constitute an offer to sell.

Pictures are provided for illustration purposes only. Please note that such errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability.

We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on these sites. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We apologize for any inconvenience this may cause you.

SHIPPING CHARGES; TAXES

You may be responsible for charges for shipping and handling. Such charges are in addition to product cost. In certain instances, WWRD US is required by law to charge applicable taxes. You remain responsible for the prompt and proper payment of all taxes applicable to the products shipped to you or your designee.

TITLE; RISK OF LOSS

Title to products shipped passes from WWRD US to you on the date of shipment from us.

COPYRIGHT

All content, copyrighted materials, and copyrightable materials on these sites, including, without limitation, the Waterford, Wedgwood, Royal Doulton, Royal Albert, and WWRD US affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2009 WWRD US and/or its affiliates. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of WWRD US or affiliated copyright owner. WWRD US and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Sites for personal, non-commercial, and informational use only, provided that you may not, without the permission of WWRD US or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.

TRADEMARKS AND SERVICE MARKS

All marks and logos featured in these Web Sites-including, but not limited to, "Waterford®," "Waterford Crystal," "Waterford.com", "Waterford Wedgwood®," "Marquis®," "Marquis® by Waterford," "Waterford World of Awards®," "Waterford Holiday Heirlooms®," “Wedgwood®, “Johnson Bros. ®.” “Franciscan®,” “WedgwoodUSA.com, “ ”Royal Doulton®,” ”Royal Albert®,” ”RoyalDoulton.com” and the "seahorse" design, “Portland vase”, “lion’s head logo”-are either trademarks, service marks, or registered trademarks of WWRD and used under license by WWRD US. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of WWRD or its affiliates. All page headers, Waterford, Wedgwood, Royal Doulton, Waterford.com, Wedgwoodusa.com and RoyalDoulton.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of WWRD US or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WWRD US or its affiliates. WWRD and WWRD US affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits WWRD, WWRD US or its affiliates.

All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WWRD US.

LINKING

Limited Right to Link to the sites: Subject to the restrictions in this Agreement, including without limitation those in the License and Terms of Site Access section above, WWRD US grants to you a limited, nonexclusive right to create a hypertext link ("link") to the home page of these sites so long as your link does not portray WWRD US or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a WWRD US design, logo, or other proprietary graphic, trademark, or registered trademark to link to these sites without the express written permission of WWRD US.

Third-Party Links: You may encounter links to these sites on third-party Web sites. WWRD US may also display on these sites links to third-party Web sites. In permitting (but only pursuant to the provisions above) or providing these links to you as a convenience, WWRD US in no way implies affiliation, endorsement, or adoption of any linked Web site, of the owner or operator of such a site, or of any content displayed on such a site. WWRD US does not control in any way such third-party Web sites. And WWRD US accepts no responsibility for-and otherwise makes no claim or representation regarding-the quality, content, or reliability of third-party Web sites or services accessible by link from these sites, or third-party Web sites linking to these sites. When leaving the WWRD US Site using a link, you should be aware that these Terms of Use and WWRD US's Privacy Policy no longer govern your use of or access to whichever Web site you may view. You should therefore review the terms of use and privacy practices and procedures of that Web site.

SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail to WWRD US or posting to these sites are non-confidential (provided that provision of your personal information is subject to WWRD US's Privacy Policy) and you grant WWRD US a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in WWRD US's sole discretion and without compensation to you. You also grant to WWRD US the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against WWRD US for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to WWRD US, including the posting of materials to any forum or interactive area on these sites, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify WWRD US for all claims resulting from material you supply.

PRODUCT AND SERVICE DESCRIPTIONS, PRICING, AND AVAILABILITY

With respect to its offering of information, products, and services on the sites, WWRD US attempts to be as accurate as possible. Nevertheless, WWRD US does not warrant that information, product or service descriptions, product availability, or other content of these sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on these sites may be mispriced, described inaccurately, or unavailable. In the event WWRD US determines that a product or service is mispriced or described inaccurately, WWRD US reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify WWRD US immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through these sites and comply with any corrective action taken by WWRD US.

SHIPPING

For products ordered on these sites, WWRD US will ship only to U.S. addresses, excluding Puerto Rico, Guam, the U.S. Virgin Islands, U.S. post office box addresses, and APO addresses. Shipments to Alaska and Hawaii require Express Shipping. WWRD US reserves the right to impose a shipping surcharge for certain large items, as identified on their corresponding product pages. For further information on our shipping policies, please see the Shipping Options and Costs section of our Frequently Asked Questions page.

RETURNS

For products ordered on these sites, WWRD US will provide a refund within 30 days of the date of purchase so long as the merchandise returned to WWRD US is new and unused, and accompanied by a properly completed returns form (provided to the purchaser with any WWRD US product shipment). WWRD US requires a properly completed returns form and prepaid shipping charges or postage for any and all returns, and will accept and process returns only for purchases made using these sites. WWRD US undertakes no obligation to accept returns for products purchased on third-party Web sites or in a physical retail store, or to accept returns for personalized products, including but without limitation engraved WWRD US products. For more information about our returns policies, please see the Returns section of our Frequently Asked Questions page.

DISCLAIMERS

"As Is" and "As Available" Basis: These sites and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, as to the operation of these sites or the information, content, materials, products or services included on these sites. You expressly agree that use of these sites, including all content, data or software distributed by, downloaded or accessed from or through these sites, is at your sole risk and responsibility.

Warranty Disclaimer: EXCEPT FOR SUCH EXPRESS WRITTEN AND PRODUCT-SPECIFIC WARRANTIES AS MAY BE MADE TO A PURCHASER, WWRD US DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THESE SITES. WWRD US DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THESE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THESE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WWRD US IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WWRD US ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THESE SITES IS SAFE, WWRD US CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THESE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.

WWRD US reserves the right to change any and all content contained on these sites at any time without notice. Reference to any non-WWRD US products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is for information purposes only and does not constitute or imply endorsement, sponsorship or recommendation thereof by WWRD US.

Your Responsibility and Risk: It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided on or through these sites or on the Internet generally.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WWRD US BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, TRANSACTIONS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THESE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THESE SITES, EVEN IF WWRD US OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, WWRD US's liability is limited to the greatest extent permitted by law.

INDEMNITY

You shall indemnify, defend and hold harmless WWRD US and its affiliates and their respective shareholders, directors, members, managers, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of these sites and/or any third party sites and/or your use of the products obtained from WWRD US.

THIRD-PARTY RIGHTS

The provisions of the Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnity sections above are for the benefit of WWRD US and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to these sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

GOVERNING LAW; SEVERABILITY, VENUE

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE OF NEW JERSEY, COUNTY OF MONMOUTH AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

If any provision or portion thereof set forth in these terms, provisions and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.

To the extent permitted by applicable law, you agree, that, by using these sites, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to, your use of these sites and/or these terms, provisions and conditions must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

TERMINATION

Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use these sites after this Agreement has been terminated. The sections of this Agreement entitled Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnity; Third-Party Rights; Governing Law; Severability, Venue; Termination; Enforceability and Admissibility; and Waiver, Modification, and Assignment shall survive any termination of this Agreement.

ENFORCEABILITY AND ADMISSIBILITY

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

WAIVER, MODIFICATION, AND ASSIGNMENT

WWRD US's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between the WWRD US and a user of these sites nor trade practice shall act to modify any provision of this Agreement. WWRD US may assign its rights and duties under this Agreement to any party at any time without notice to you.