Website 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.pyrex.co.uk (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 contactus on our contact form.
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:
(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 section8.4); or
(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
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.
Section10.5 only applies if you are a consumer
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.pyrex.co.uk 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.
Our Liability to you if you are a Business
This clause15 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.
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.
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
Intellectual property rights
18.1. Pyrex® is a registered trade mark 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.
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.
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.
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 https://pyrex.co.uk/pages/acceptable-use
22.7. If you wish to make any use of content on our site other than that set out above, please contact us on our contact form.
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).
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