This Terms of Sale Agreement (this “Agreement”) constitutes a binding legal contract between you and Michaels Stores, Inc. (“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.
The following links are made available to help you find what you are looking for in our Terms and Conditions of Sale:
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 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.
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.
We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color or detail. For optimal viewing, we recommend setting your monitor to 1024 x 768.
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”.
Pricing; Shipping; Pricing Errors; Other Errors
Prices offered on the Site are quoted in U.S. 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 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.
Safe Shopping & Security
Please click here to view Your Privacy Rights which describes our security procedures.
Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. If you 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.
Gift Card Shipping Policy
All gift card orders will be sent via the U.S. Postal Service free of charge with the exception of shipments to Alaska, Hawaii and Canada which will be charged $7.95 for shipping. Express shipping is available for standard orders for $7.95.
- (CA) Michaels gift cards valued under $10 are redeemable for cash in store.
- (MA) If 90% or more of a Michaels gift card's original value has been used or redeemed, the customer may request and receive cash back.
- (WA) Michaels gift cards valued under $5 are redeemable for cash in store.
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 “My 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.
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, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES 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 STATE TO STATE. 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.
Waiver and Limitation of Liability
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, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.
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.
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.
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) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. This contract is fully performable in Dallas County, Texas.
Effective Date: 5/07