Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
These terms and conditions govern both how you are entitled to use this website www.pyrexuk.com (the “Site”), how contracts are formed and how products will then been supplied. These terms and conditions (“Terms”) are provided to protect you, the user of our Site, or buyer from our Site (or both), and us as the operator of this Site. If you have any questions about this or any other aspect of our Site, please contact http://www.pyrexuk.com/contacts
These Terms, together with any documents we refer to below set out the legal terms that apply to your use of the Site. By accessing and using the Site, you accept and agree that these Terms will apply to any use you make of our Site and any use you make of any materials, documentation or content posted or made available on our Site (including text, data, information, graphics, interfaces, logos, photographs, video and other media material made available).
If you do not agree to these Terms, PLEASE DO NOT USE THIS SITE.
Other applicable Terms
These Terms include the following additional terms which also apply to your use of our Site:
Our Acceptable use Policy http://www.pyrexuk.com/acceptable-use-policy/?___store=en_gb and
1. Parties, Terms and Words with defined meanings
1.1 Pyrex is the trading name of International Cookware S.A.S. (a French Company located at 85 allée des maisons rouges, 36000 Châteauroux France) registered with the Châteauroux commercial court under no. 399 311 3215 (“Pyrex” or “we”, “us” or “our”).
1.2 These Terms regulate the relationship between Pyrex and you as a user of our Site or buyer from our Site, or both (“you” and “your”). In accessing our Site, you agree to be bound by these Terms. As well as reading theses Terms carefully, you may want to save or print a copy for future reference.
1.3 We reserve the right to make amendments to these Terms from time to time at our sole discretion and without prior warning. You are therefore advised to return to view the Terms on a regular basis. If you do not agree to any change to the Terms, please cease to access the Site immediately.
1.4 In these Terms, the following words have the following meanings: “Contract” means any contract for the sale of Products concluded between you and us. “Product” means any of our products listed on our Site for sale. When we use the terms “writing” or “written” this includes emails.
2. Accessing our Site
2.1 Our Site is made available free of charge. We do not guarantee that the Site, or any content on it will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
2.2 You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
2.3 The Site is directed to people residing in the United Kingdom. We do not represent that content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United Kingdom, you do so at your own risk. We do not accept to deliver to addresses outside the UK.
3.1 If you are a consumer:
3.1.1 If you wish to contact us, for example because you have any complaints, you can contact us by e-mailing us on our contact form http://www.pyrexuk.com/contacts
and wish to cancel a Contract in accordance with your legal right to do so, the process to follow is set out in section 8; and
3.1.2 if we have to contact you or give you notice in writing, we will do so by e-mail or by telephone.
3.2 If you are a business, you may contact us by e-mailing us through our contact form http://www.pyrexuk.com/contacts. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
4. Our Products
4.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the items and details accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
4.2 The packaging of the Products may vary from that shown on images on our Site.
4.3 We may change the Products to implement minor technical adjustments and improvements. These changes will not affect your use of the Products.
5. Contract with Consumers
If you are a consumer, you may only purchase Products from the Site if you are at least 18 years of age.
6. Contract with Business Customers
This section 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to commit any business on whose behalf you use the Site to purchase Products.
6.2 These Terms together with the documents referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or misstatement based on any statement in this Contract.
7. Contract Formation
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us (an “Order”). Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in section 7.3.
7.3 We will confirm our acceptance to you by sending you an email [that confirms that the Products have been dispatched] (a “Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product (for example, because that Product is not in stock or is no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in section 12.5) we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7.5 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the ordering process. If you do not give us this information within a reasonable time of us asking for it, or you give us incomplete or incorrect information we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Consumers’ Rights of Return
This section 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a contract within the periods set out in section 8.3 below. This means that if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and to receive a refund.
8.2 There is a time limit within which such right applies, it ends upon the date 14 days after you receive the Products, unless:
8.2.1 the Products are delivered in several deliveries over several days, in which case, you have until 14 days after receipt of the last delivery; or
8.2.2 your Products are for regular delivery over a set period, in which case, you have until 14 days after receipt of the first delivery.
8.3 The Contract may be cancelled for any reason only after Products have been despatched to you or you have received them. Then, you must return them back to us. You must post them back to us after filing the return form on your customer. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the Contract.
8.4 If you cancel your Contract we will:
8.4.1 refund you the price you paid for the Products. Please note, however, that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling of them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount;
8.4.2 refund any delivery costs you have paid for the Products to be delivered to you, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided this is a common and generally acceptable method); and
8.4.3 make any refunds due to you as soon as possible and in any event within the periods below:
(i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us evidence that you have sent the Product back to us (for information on how to return Products to us, see section 8.5); or
(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
8.6 If you are returning the Products under this section 8, to us because:
8.6.1 they are faulty or mis-described, or
8.6.2 you are cancelling the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so because of something we have done wrong,
we will refund the price of the Products in full, together with any applicable delivery charges and other reasonable costs you incur in returning the item to us.
8.7 We will refund you on the credit card or debit card used by you to pay. We may make deductions from the price, as described below.
8.8 You may cancel the contract only when the Product has been delivered to you:
8.8.1 then you must return it to us without undue delay and, in any event, not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please fill the form on the return section in your customer account. Once the return has been approved, you will receive an email with the proceeding of return, the return address and the printable return labels.
8.8.2 unless the Product is faulty or not as described (see section 8.7) you will be responsible for the costs of returning the Products to us.
8.9 Please note that, unless the Product is faulty or not as described (see section 8.6), you are not entitled to a refund or to cancel a contract for Products that have been delivered to you where those Products have been customised or personalised for you at your request (‘Personalised Products’). ‘Personalised Products’ shall include Products which have been produced in accordance with your instructions including, but not limited to: material, colour, design, insignia or any other look or function that you may have specified.
8.10 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section 8 or anything else in these Terms.
9. Our right to end a Contract
9.1 We may end the Contract for a Product at any time by writing to you if:
9.1.1 you do not make payment to us when it is due;
9.1.2 you do not, within a reasonable period of us asking for it, provide us with information that is necessary for us to provide the Products; or
9.1.3 you do not, within a reasonable time, allow us to deliver the Products to you or to collect them from us.
9.2 If we end the Contract in the situations set out in section 9.1 above we will refund you any money you have paid in advance for Products we have not provided, however, we may deduct or charge you for reasonable compensation for the net costs we incur as a result of you breaking the contract.
10.1 Our estimated delivery date is 5 days approximately after the date of the dispatch confirmation. Occasionally, our delivery to you may be affected by an Event Outside Our Control, see section 17 for our responsibilities when this happens.
10.2 The costs of delivery will be displayed to you on our Site.
10.3 Delivery of an Order shall be complete when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
Section 10.5 only applies if you are a consumer
10.5 If we miss the 5 days delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
10.5.1 we have refused to deliver the Products;
10.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your Order straight away, or do not have the right to do so under section 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under section 10.5 or section 10.6 , you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. No International Delivery
11.1 Unfortunately, we do not delivery to addresses outside the UK.
11.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address within the UK and it may only be paid in British pounds.
12. Price of Products and Delivery Charges
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see section 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our website.
12.5 Our Site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our Site may be incorrectly priced. we will normally check prices as part of our dispatch procedures so that:
12.5.1. if the Product's correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
13.1.You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Master Card.
13.2.You must pay for the Products and all applicable delivery charges in advance of their despatch to you.
14. Product Warranty
14.1.The Products shall be free from material defects.
Products bought on www.pyrexuk.com website are under the following warranty from the day of delivery:
Top of stove
Granate and Selection ranges: 2 years
Classic range: 5 years
However, this warranty does not apply in the circumstances described in section 14.2.
14.2.The warranty in section 14.1 does not apply to any defect in the Products arising from:
14.2.1. fair wear and tear;
14.2.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
14.2.3. if you fail to operate or use the Products in accordance with the user instructions;
14.2.4. any specification provided by you.
14.3.If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
15. Our Liability to you if you are a Business
This clause 15 only applies if you are a business customer.
15.1.We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
15.2.Nothing in these Terms limits or excludes our liability for:
15.2.1. death or personal injury caused by our negligence;
15.2.2. fraud or fraudulent misrepresentation;
15.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4. defective products under the Consumer Protection Act 1987.
15.3.Subject to section 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1. any loss of profits, sales, business, or revenue;
15.3.2. loss or corruption of data, information or software;
15.3.3. loss of business opportunity;
15.3.4. loss of anticipated savings;
15.3.5. loss of goodwill; or
15.3.6. any indirect or consequential loss.
15.4.Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
15.5.Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1.If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence (and we are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2.We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3.We do not in any way exclude or limit our liability for:
16.3.1. death or personal injury caused by our negligence;
16.3.2. fraud or fraudulent misrepresentation;
16.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
16.3.5. defective products under the Consumer Protection Act 1987.
17. How we may use your Personal Information
17.1.We will use the personal information you provide to us:
17.1.1. to supply the Products to you;
17.1.2. to process your payment for the Products; and
18. Intellectual property rights
18.1.Pyrex® is a trademark of Corning Incorporated used under license by International Cookware. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
18.2.You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
18.3.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
18.4.Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
18.5.You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
19. Events outside our control
19.1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 19.2.
19.2.An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of a means of public or private transport.
19.3.If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1. we will contact you as soon as reasonably possible to notify you; and
19.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.4.You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
20. Communications between us
20.1.When we refer, in these Terms, to "in writing", this will include email.
20.2.If you are a consumer you may contact us as described in section 3.
20.3.If you are a business:
20.3.1. any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
20.3.2. a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office.
20.3.3. in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post.
20.4. The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.
21.1.We do not guarantee that our Site will be secure or free from bugs or viruses.
21.2.You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
21.3.You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
22. Linking to our site
22.1.You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
22.2.You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
22.3.You must not establish a link to our Site in any website that is not owned by you.
22.4.Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
22.5.We reserve the right to withdraw linking permission without notice.
22.6.The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy http://www.pyrexuk.com/acceptable-use-policy/?___store=en_gb
22.7.If you wish to make any use of content on our site other than that set out above, please contact http://www.pyrexuk.com/contacts
23. Other important terms
23.1.We may transfer our rights under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
23.2.You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in section 14 to the recipient of the gift without needing to ask our consent.
23.3.This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
23.4.Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5.If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.6.If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
23.7.If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).