Terms Of Sale

This Terms of Sale Agreement (this "Agreement") constitutes a binding legal contract between you and Michaels of Canada, ULC ("Michaels"), the owner and operator of the Michaels.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. This Agreement is intended to supplement the Website Terms of Use. Click here to view our Terms of Use. Michaels takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, click here. The following links are made available to help you find what you are looking for in our Terms and Conditions of Sale:

Canadian Usage

This Site may only be used by residents of Canada. If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with any and all applicable laws. Top

Orders; Sales Tax

You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime) notice. With respect to taxes, no taxes are due in relation to gift cards purchased through the Site. The gift card holder will be charged applicable sales taxes when merchandise is purchased in a Michaels Store and the gift card is used as tender. If other items are purchased from the Site that are subject to sales tax, Michaels will make customers aware of the tax amount due at the point of purchase. Top

Product Description; No Refunds or Exchanges

We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. All sales made through the Site are final. No refunds or exchanges for items purchased through this Site will be made. Top

Display

We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colours we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colours actually seen on the screen. The Site cannot be responsible for the limitations of your monitor's display of any colour or detail. For optimal viewing, we recommend setting your monitor to 1024 x 768. Top

Payments and Disputed Payments

Michaels does not accept checks, drafts, or money orders for orders submitted through the Site. Upon placing an order, we will phone you to receive payment information before finalizing the order. We accept major credit cards. You will bear all costs associated with a disputed credit card charge which results in action from Michaels' merchant account provider, otherwise known as "chargebacks". Top

Pricing; Shipping; Pricing Errors; Other Errors

Prices offered on the Site are quoted in Canadian Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. Please see Gift Card Shipping Policy for further information. IF YOU HAVE COMPLETED AN ORDER ONLINE, THE FOLLOWING PARAGRAPH IS INAPPLICABLE IN QUEBEC. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred. Top

Safe Shopping & Security

Please click here to view Your Privacy Rights which describes our security procedures. Under the Cost of Borrowing Regulations, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. If your bank does hold you liable for up to $50 for purchases made fraudulently at the Site, Michaels will reimburse you the full amount charged by your bank, but only if the unauthorized use of your credit card resulted through no fault of your own for purchases made at the Site. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them. Top

Gift Card Shipping Policy

All gift card orders can be sent ground delivery via Canada Post, or Express Shipping (1-2 days). Shipping charges will apply. Top

Gift Card Terms and Conditions:

This card may be used at any Canadian Michaels store for merchandise and class fees only. May not be used to purchase gift cards or debit cards. Purchases will be deducted from this card until the balance reaches zero. Unused value on the card may be redeemed or refunded for cash only as required by applicable law. Lost or stolen cards will not be replaced. Michaels Stores, Inc. store associates may not change the terms of this card. For balance inquiry visit any Canadian Michaels store. Issued by Michaels Stores Card Services, LLC. This card does not have an expiration date. There are no maintenance fees. Any term or condition of this card is void where prohibited by law. PROTECT THIS CARD AND TREAT IT AS YOU WOULD CASH. ©2012 Michaels of Canada, ULC Top

Order Status

Once you place an order, Michaels will send you a personalized email within one business day and provide you with an order confirmation number. When your order is shipped, Michaels will send you a shipment confirmation email with the shipping carrier tracking number, if available. In addition, you can review the status of these order numbers by logging into Michaels.com, selecting "Manage Your Account" and viewing your order history online. If a carrier tracking number is available, you can click on the carrier tracking number to view the detailed delivery status of your order. By placing an order with Michaels, you consent to receive email from Michaels regarding your order. You can always contact us at 1-800-642-4235 if you have any questions concerning your order. Top

Disclaimer of Warranties

YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF MICHAELS. YOU ACKNOWLEDGE BY YOUR USE OF MICHAELS' PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH MICHAELS' PRODUCTS. MICHAELS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, ACCESSIBILITY,PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY. Top

Waiver and Limitation of Liability

THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC: MICHAELS HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT MICHAELS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN LIABILITIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MICHAELS ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE. Top

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MICHAELS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE. Top

Governing Law and Venue

This Agreement, the entire relationship between you and Michaels, and any litigation or other legal proceeding between you and Michaels (whether grounded in tort, contract, law or equity) (a “Dispute”) shall be governed by and construed in accordance with the laws of Nova Scotia, Canada (and in the case of use of this website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada), without giving effect to its choice of law rules. With regard to any Dispute, you hereby irrevocably submit to the original and exclusive jurisdiction of the Courts of Nova Scotia, sitting in the City of Halifax (and in the case of use of this website in Quebec by residents of Quebec, by the Courts of Quebec, sitting in the City of Montreal).
Effective Date : 3/5/12