Terms and conditions

Last updated on 7th of October 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND PLACING AN ORDER. BY USING AND/OR PLACING AN ORDER, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

These terms and conditions (hereinafter referred to as “Terms”) govern both how you are entitled to use this website www.pyrex.co.uk (hereinafter referred to as “Site”), how contracts are formed and how products will then be supplied. 

These 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 us via 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:

• Our Personal Data Protection Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Please take the time to read our Personal Data Protection Policy, as it includes important terms which apply to you. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate;
• Our Terms and Conditions of Use;
• Our Legal Notice.

 

1. Parties, Terms and Words with defined meanings

International Cookware Ltd, headquartered at Unit A Hall Dene Way, Seaham Grange Industrial Estate, Seaham, County Durham SR7 0PU, United Kingdom, registered under number 05631456 is hereabove and hereinafter referred to as "IC" or “we”, “us” or “our”.

These Terms regulate the relationship between IC and you as a user of our Site or buyer from our Site, or both (hereabove and hereinafter referred to as "Customer", “you” or “your”). In accessing our Site, you agree to be bound by these Terms. As well as reading these Terms carefully, you may want to save or print a copy for future reference.

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. 

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(s)” means any of our products listed on our Site for sale. When we use the terms “writing” or “written” this includes emails.

1. Accessing our Site

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.

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.

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.

1. Contact

If you are a consumer:

• 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.

• and wish to cancel a Contract in accordance with your legal right to do so, the process to follow is set out in Section 7.6; and
• if we have to contact you or give you notice in writing, we will do so by e-mail or by telephone.

If you are a business, you may contact us by e-mailing us through our contact form.

1. Our Products

IC markets, in particular, Products under the Pyrex® brand, a brand owned by Corning Incorporated, which has granted a license to International Cookware in France for a specific territory, binding on both International Cookware in France, its subsidiaries such as IC and their Customers.

IC is not the manufacturer of the Products sold on this Site. The manufacturer of the Products is International Cookware in France. For further information, please visit the following websites: www.pyrex.fr and www.pyrex.eu.

The Products on sale are those shown in the catalog published on the Site.

Each Product is accompanied by a description drawn up by IC presenting its properties and essential characteristics.

All information about the Products on our Site is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Site. Please always read labels, warnings and directions provided with the Product before use.

The photographs in the catalog are as accurate as possible but cannot ensure perfect similarity with the Product on sale, particularly as regards colors. The presentation and photographs of the Products on the Site are therefore 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 colors accurately reflects the color of the Products.  The Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on our Site.

We may change the Products to implement minor technical adjustments and improvements. These changes will not affect your use of the Products.

Customers are informed that Products are offered for sale subject to availability. If a Product is out of stock, this will be indicated on the Product sheet. When a Product is out of stock, the Customer may indicate his/her e-mail address in the zone dedicated to this purpose in order to be informed of the new availability of the Product.

All promotional Products are also offered subject to stock availability. Thus, if a Product is out of stock during the promotional period, the Customer may not request that it be restocked at the promotional price displayed.

1. Contract with consumers

If you are a consumer, you declare and acknowledge that, in placing an order for Products on the Site, you are acting for purposes that do not fall within the scope of your commercial, industrial, artisanal or liberal activity. You further declare that you are of legal age or, where applicable, an emancipated minor, and that you have full legal capacity to contract.  

1. Contract with business customers

This Section 6 only applies if you are a business.

If you are a business customer, Products will be supplied for internal use by your business, and you agree not to use the Products for any resale purposes.

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.

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.

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. The various stages from order placement to Product delivery

7.1 Creating a customer account or ordering in guest mode

To place an order on the Site, the Customer is advised to create a customer account.

However, the Customer also has the option of placing an order without a dedicated customer account, but simply in guest mode.

Whichever way the Customer chooses to place an order for Products on the Site, he/she undertakes to provide true, accurate, up-to-date and complete information about his/her identity. In particular, the Customer undertakes not to create a false identity likely to mislead IC or third parties, and not to usurp the identity of another person or entity. The Customer undertakes to immediately update the data he/she has communicated in the event of any modification to said data.

When the Customer has chosen to create an account, once the information has been provided, he/she will receive an e-mail at the address he/she provided when registering, confirming the creation of his/her account.

In the event that the Customer provides information that is false, inaccurate, erroneous, outdated, incomplete, misleading or likely to mislead, IC may, immediately and without notice or compensation, suspend or terminate the Customer's account and deny the Customer access, temporarily or permanently, to the Site. Furthermore, IC cannot be held liable in the event of non-performance and/or partial performance of the order linked to the provision of information of this nature.

The account can be accessed by the Customer by means of his/her login and password, which are his/her sole responsibility. The Customer undertakes to keep these secret and not to divulge them in any form whatsoever. In the event of loss or theft of one of the elements of the identifier, the Customer must inform IC without delay, who will then cancel and/or update the identifier concerned.

Safeguarding the confidentiality of the password entrusted to the Customer is the latter's sole responsibility. In this respect, the Customer is responsible for ensuring that, at the end of each session, he/she has effectively disconnected from the Site, in particular when accessing the Site from a public computer.

If the Customer loses his/her password, the Customer can request a new one through his/her account.

At any time, the registered Customer may decide to deactivate his/her account.

7.2 Placing an order

To place an order, the Customer must complete the following steps:

- Enter the Site address

- Go to the Product page

- Click on add to cart

In the event of prolonged inactivity during login, the selection of Products chosen by the Customer prior to this inactivity may no longer be guaranteed. In this case, the Customer is invited to restart the selection of Products from the beginning.

When placing an order, the Customer must:

- Check the items in his/her Shopping Cart and, if necessary, identify and correct any errors.

- Select Home Delivery

- Confirm his/her acceptance of these Terms.

- Enter billing and delivery address.

- Select a payment method.

- Confirm the order, including the price of the Products and the price inclusive of all taxes and charges.

- Follow the instructions of the online payment server to pay the price of the order.

Once payment has been validated, the Customer will receive an electronic acknowledgement of receipt confirming the order to the e-mail address provided at the time of ordering. Please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place once we will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (hereinafter referred to as “Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation. If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation by e-mail for each package, and each Dispatch Confirmation by e-mail and corresponding dispatch will conclude a separate Contract of sale between us for the Product(s) specified in that Dispatch Confirmation by e-mail. Without affecting your right of cancellation set out in Section 7.6 below, you can cancel your order for a Product at no cost any time before we send the Dispatch Confirmation by email relating to that Product. This right to cancel does not apply to Personalized Products, as below defined.

Any order validated by the Customer implies acceptance of the prices and description of the Products available for sale.

If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you.

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), 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.

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.

It is impossible to place an order for any delivery address outside the above-mentioned geographical area.

Please note that we sell Products only in quantities which correspond to the typical needs of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.

IC reserves the right to refuse an order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular if there is a dispute with the Customer concerning the payment of a previous order.

7.3 Product prices

The prices of Products sold on the Site are indicated by article and reference respectively.

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 7.2 for what happens if we discover an error in the price of Product(s) you ordered.

In particular, 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 unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.

The prices shown in the catalog are inclusive of VAT in British Pounds, taking into account the VAT rate applicable on the date of the order; any variation in the rate may be reflected in the prices of the Products. 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.

Prices do not include shipping and handling costs. 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 Section 7.5.

IC reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order is the only price applicable to the Customer.

The price indicated when the order is finalized is the definitive price, expressed inclusive of all taxes and including VAT for the United Kingdom. This invoiced price includes the price of the Products, handling, packaging and storage costs, as well as transport costs.

7.4 Terms of payment

The price invoiced to the Customer is the price indicated at the time the order is finalized, as indicated in the order confirmation e-mail sent by IC.

The price of the Products is payable in British Pounds in cash on the day of the order by various means of payment, i.e. by bank card only (Visa and Mastercard) or Paypal. It is understood that these payments will be made on a secure platform.

You must pay for the Products and all applicable delivery charges in advance of their dispatch to you.

The transaction is debited from the Customer's credit card when the Products are ordered.

By providing his/her credit card details, the Customer authorizes IC to debit his/her credit card for the amount corresponding to the final invoiced price.

To this end, the Customer informs IC that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own. The Customer communicates, via the secure payment service, the sixteen digits and expiry date of his/her bank card, as well as, where applicable, the visual cryptogram numbers.

The order validated by the Customer will only be considered effective once the relevant bank payment centers have given their approval. In the event of refusal by the said centers, the order will be automatically cancelled, and the Customer will be informed by e-mail.

IC reserves ownership of the Products delivered until actual receipt of the full price in principal, interest and accessories. Failure to pay any instalment or part of the price may result in the Products sold being reclaimed without the need for any prior formal notice.

You consent to receive sales invoices electronically. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available.

7.5 Shipping and delivery costs

There will be no delivery to addresses outside the UK.

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.

Processing and shipping costs, which are in addition to the sale price of the Product, will be notified to the Customer at the latest before the order is validated by the Customer.

Shipping costs are calculated according to the Products selected, the total value of the order, the weight of the Products, the delivery location and the delivery service chosen by the Customer.

The Customer is invited to consult the Shipping policy to obtain an estimate of delivery times. These times are purely indicative and are not binding on IC.

The Customer will be informed of the delivery date and/or time when the order is placed, which will then be confirmed by e-mail once the order has been validated. The Customer will receive electronic confirmation that the order has been dispatched (Dispatch Confirmation).

Delivery times run from the date of Dispatch Confirmation by IC.

If you are a consumer and if we miss the five (5) days delivery deadline for any Products, unless the delay is due to force majeure, then you may cancel your order straight away if any of the following apply:

1. we have refused to deliver the Products;
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. you told us before we accepted your Order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so under this Section 7.5, 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.

If you do choose to cancel your order for late delivery under Section 7.5, 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.

Cases of force majeure include war, riot, fire, strikes, accidents, inability to obtain supplies, pandemics, epidemics, quarantine measures or similar restrictions.

The carrier will inform the Customer of the date or time of delivery by e-mail once the order has been validated.

For home deliveries and in the event of absence, the carrier will notify the nearest post office or, if applicable, relay point of its visit and the availability of the parcel or will schedule a new delivery date.

In exceptional cases, and in order to ensure optimum delivery of orders, IC reserves the right to use another conventional logistics service provider. The Customer will then be informed by e-mail to arrange a delivery date. No additional costs will be charged.

For reasons of availability, an order may be delivered to the Customer in several instalments. In this case, the Customer only pays for one delivery. If the Customer wishes two delivery locations, he/she places two orders, with the associated delivery charges.

With the exception of deliveries to relay points, deliveries are made to the address indicated by the Customer at the time the order is placed; the Customer remains solely responsible for any failure to deliver due to the communication of an incorrect address or insufficient information at the time the order is placed. Thus, in the event of an error, in particular in providing contact details, IC cannot be held responsible for the impossibility of delivery.

When taking possession of the Products, the Customer must check the condition of the packaging and the Products to ensure that they are in good condition. It is the Customer's responsibility to notify the carrier of any reservations or complaints he/she deems necessary within 48 hours, or even to refuse the parcel if it is obviously damaged on delivery. If the Customer accepts a delivery and it subsequently transpires that there is breakage or a defect in the Product delivered, the Customer is invited to contact IC's customer service department within 48 hours of delivery in order to notify them of the problem in writing.

Any risk of loss or damage to the Products is transferred to the Customer at the time when the latter, or a third party designated by him/her, and other than the carrier proposed by IC, takes physical possession of the Products. The Customer undertakes to inform IC immediately of any event that deprives him/her of access to the Products in their entirety, unless he/she incurs his/her own liability.

The replacement of any Product found to be defective at the time of delivery may only be made on presentation of a photo of the item concerned highlighting the defect found.

In the event of apparent defects in the Products at the time of delivery, the Customer benefits from the guarantees and the right of return under the conditions set out in these Terms.

If you have any questions, please contact customer service directly.

7.6 Consumers’ rights of return

This Section 7.6 only applies if you are a consumer.

If you are a consumer, you have a legal right to cancel a Contract within the periods set out in this Section. 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.

There is a time limit within which such right applies, it ends upon the date 14 days after you or a third party indicated by you (other than the carrier) receive the Products, unless:

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
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.

The Contract may be cancelled for any reason only after Products have been dispatched 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. You will have to bear the direct cost of returning these goods. If you are exercising your right to change your mind, you must send off the Products within 14 days of telling us you wish to end the Contract. You will only receive a refund if the Products are in good condition and in their original packaging.

If you cancel your Contract, we will:

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 Products, 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 Products and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount;
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

• make any refunds due to you as soon as possible and in any event within the periods below:

(a)  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; or

(b)  if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

If you are returning the Products under this Section 7.6 to us because:

1. they are faulty or mis-described, or
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.

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.

Except as provided in Section 8, you may cancel the Contract only when the Product has been delivered to you:

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 form 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;
2. unless the Product is faulty or not as described, you will be responsible for the costs of returning the Products to us.

Please note that, unless the Product is faulty or not as described, 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 customized or personalized for you at your request (hereinafter referred to as "Personalized Products"). Personalized Products shall include Products which have been produced in accordance with your instructions including, but not limited to: material, color, design, insignia or any other look or function that you may have specified.

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 7.6 or anything else in these Terms.

8. Our right to end a Contract

We may end the Contract for a Product at any time by writing to you if:

1. you do not make payment to us when it is due;
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

• you do not, within a reasonable time, allow us to deliver the Products to you or to collect them from us.

If we end the Contract in these situations set out 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.

9. Product Warranty

IC's liability is limited to the value of the Products in question, i.e. their value at the date of sale.

For claims under the present warranty concerning delivered Products, the Customer may contact customer service.

Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days of IC's finding of the lack of conformity or hidden defect.

9.1 Conformity

IC undertakes to deliver Products in conformity with the order. Failing this, IC is liable for defects in delivery and packaging.

The Product sold is deemed to be in conformity when it is either:

1. Fit for the use usually expected of a similar item;
2. Presents the characteristics defined by the parties or is fit for the special use sought by the Customer, known to the seller and accepted. The Customer may not invoke the guarantee of conformity in the following cases: (i) when he/she was aware of the defect at the time of contracting, (ii) when he/she could not have been unaware of the defect at the time of contracting, or (iii) when the defect results from materials supplied by him/her.

IC draws the Customer's attention to the fact that this action is time-barred after six (6) years from delivery of the goods (proof of delivery being proof) for goods purchased in England and Wales and Northern Ireland, and five (5) years from delivery of the goods for products purchased in Scotland. However, any defect appearing within six (6) months of delivery will be deemed to have existed on the day of delivery. The Customer will therefore not be required to provide proof of such defects.

When acting under the warranty of conformity, the Customer may choose between repair or replacement of the non-conforming Product. However, IC retains the right to refuse the solution chosen by the Customer if its cost is disproportionate to the solution not chosen.

Repair or replacement of the non-conforming Product is at no additional cost to the Customer.

If repair or replacement is impossible (e.g. if manufacturing of the Product has been halted), or cannot be implemented within one month of the complaint, or creates a major inconvenience to the Customer, the Customer may request a full or partial refund (keeping the Product).

Any request from the Customer concerning the conformity of the Products may be addressed to IC via the contact form, explaining the alleged non-conformity.

The warranty does not apply in the event of:

- abnormal or non-conforming use of the Products (inappropriate use, abuse, negligence, etc.). The Customer is invited to refer to the instructions for use of the Products purchased;

- willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

- fair wear and tear of the Product;

- fair wear and tear;

- any specification provided by you.

 

9.2 Hidden defects

IC is liable for any hidden defects in the item sold which render it unfit for the use for which it was intended by the Customer, or which impair this use to such an extent that the Customer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them.

Thus, the Product defect must:

- be hidden, i.e. not apparent at the time of purchase,

- render the Product unfit for its intended use, or considerably diminish its use,

- exist at the time of purchase.

The Customer has the choice between returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.

IC draws the Customer's attention to the fact that this action is time-barred after six (6) years from delivery of the goods (proof of delivery being proof) for goods purchased in England and Wales and Northern Ireland, and five (5) years from delivery of the goods for products purchased in Scotland. It is up to the Customer to prove the existence of the latent defect. However, any defect appearing within six (6) months of delivery will be deemed to have existed on the day of delivery. The Customer will therefore not be required to provide proof of such defects.

Any claim by the Customer in respect of hidden defects in the Products may be addressed to IC by sending a registered letter with acknowledgement of receipt to the following address: International Cookware Ltd | Customer service - Unit A Hall Dene Way, Seaham Grange Industrial Estate, Seaham, County Durham SR7 0PU, United Kingdom.

9.3 Specific commercial warranty

Products purchased on the Site may be covered by a contractual warranty, the terms and conditions of which depend on the Products.

The terms and conditions for exercising this warranty from the day of delivery are described in the table below:

Products or Product Range	Brands	Warranty period
All glassware ranges + conservation usage	Pyrex® – Cook&Go/ Cook&Heat/ Cook&Store/ Cook&Freeze/ Prep&Store/ Zero Plastic / Iconics/ Cook&Enjoy/ Let’s share/ Kitchen lab/ Inspiration/ 4 in 1	10 years
Metal products	Pyrex® - Asimetria (Steel)	10 years

 

When acting under the commercial warranty, the Customer may choose between repair or replacement of the non-conforming Product. However, IC retains the right to refuse the solution chosen by the Customer if its cost is disproportionate to the solution not chosen.

The repair or replacement of the non-conforming Product is at no additional cost to the Customer.

If repair or replacement is impossible (e.g. if manufacturing of the Product has been halted), or cannot be implemented within one month of the complaint, or creates a major inconvenience to the Customer, the Customer may request a full or partial refund (keeping the Product).

Any request by the Customer under the commercial warranty for Products may be addressed to IC via the contact form, explaining the alleged non-conformity.

The warranty does not apply in the event of:

- abnormal or non-conforming use of the Products (inappropriate use, abuse, negligence, etc.). The Customer is invited to refer to the instructions for use of the Products purchased;

- willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

- fair wear and tear of the Product;

- fair wear and tear;

- any specification provided by you.

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.

10. Our Liability to you if you are a business

This Section 10 only applies if you are a business.

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

10.1 Nothing in these Terms limits or excludes our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;

• breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

1987. defective products under the Consumer Protection Act 1987.

10.2 Subject to clause 10.1, we will under no circumstances whatsoever 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:

1. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure, business interruption, loss of business, or loss of business opportunity);
2. loss or corruption of data, information or software;

• losses that were not caused by any breach on our part; or

1. any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

10.3 Subject to clause 10.1, 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 (i.e. their value at the date of sale).

10.4 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.

11. Our Liability to you if you are a consumer

This Section 11 only applies if you are a consumer.

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. We will not be responsible for any indirect or consequential losses that were not foreseeable to both you and us when the Contract for the sale of Products by us to you was formed.

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 business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure, business interruption, loss of business, or loss of business opportunity).

We do not in any way exclude or limit our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;

• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

1. 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
2. defective products under the Consumer Protection Act 1987.

 

12. Our Liability to the Customer

IC, in the online sales process, is bound only by an obligation of means: it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, service interruption or other involuntary problems.

The Customer is solely responsible for the choice of Products, their conservation and their use. The Customer must make normal use of the Products.

IC may not be held liable in the event of non-performance or improper performance of the Contract due either to the fault of the purchaser, or to the insurmountable and unforeseeable fault of a third party to the Contract, or to force majeure.

IC undertakes to take all the care customary in the profession for the implementation of the service offered to the Customer. Nevertheless, IC may not be held liable in the event of delay or failure to meet its contractual obligations if the delay or failure is due to a cause beyond its control: fortuitous event or force majeure, as defined above, as well as those recognized by case law, and Events Outside Our Control.

IC shall not be held liable for any delay due to a supplier being out of stock. Furthermore, IC shall not be held liable in the event of minor differences between the presentation photos of the items and the texts displayed on the Site, and the Products delivered.

IC uses all means at its disposal to provide the services covered by these Terms. IC is liable for any direct and foreseeable damage at the time of the conclusion of the Contract between IC and the Customer. IC's liability shall in any event be limited to the amount of the validated order and shall not be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the Products.

The above limitation of liability shall not apply in the event of fraud or gross negligence on the part of IC, in the event of personal injury or liability for defective products, in the event of eviction and in the event of non-conformity (including hidden defects).

13. How we may use your personal information

We will use the personal information you provide to us:

1. to supply the Products to you;
2. to process your payment for the Products; and

• if you agreed in the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

Please consult our Personal Data Protection Policy by clicking here.

14. Intellectual property rights

All trademarks, texts, comments, works, illustrations, images or photographs, whether visual or audio, relating to IC or its Products reproduced on the Site are protected by copyright, trademark law, patent law and/or image rights.

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. The Pyrex® brand is a registered trademark of Corning Incorporated used under license by International Cookware.

Any reproduction or representation, in whole or in part, constitutes an infringement of copyright which may incur the civil and criminal liability of its author.

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 organization to content posted on our Site.

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.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15. Events outside our control

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" 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, pandemic, quarantine measures or similar restrictive measures, other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of a means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

1. we will contact you as soon as reasonably possible to notify you; and
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.

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.

16. Compliance with economic sanctions - Anti-corruption - Territory of sale and resale

The sale of Products by IC via the Site is subject to the Customer's compliance with all anti-corruption laws and regulations, as well as those relating to export control and economic sanctions including but not limited to sanctions imposed by the UN, the European Union and the United States of America, as well as any relevant national legislation (hereinafter together referred to as "Laws") relating to the use, sale, transfer and/or maintenance of the Products.

By purchasing the Products, the Customer declares, warrants and guarantees:

1. that it has complied and will comply with all Laws applicable to the Products and, in particular but not exclusively, that the Customer has not sold and will not sell, resell or otherwise transfer the Products, directly or indirectly, for delivery to or via Iran, Syria, Sudan, North Korea, Cuba and/or the Crimea region of Ukraine/Russia or for any routing, distribution or use by any named person, entity or vessel subject to the laws of Iran, Syria, Sudan, North Korea, Cuba and/or the Crimea region of Ukraine/Russia (including individuals or entities resident or domiciled therein, or incorporated under the laws of such jurisdictions);
2. it is not and will not be considered a prohibited party on any of the lists adopted and administered by the Laws, including the Specified Persons List (SDN List), the Foreign Sanctions Evaders List (FSE List), the Sanctions by Sector List (SSI List), the European Union Consolidated List of Financially Restricted Persons, Groups and Entities and/or the Consolidated List of Sanctioned Entities of the Security Council of the United Nations; and

• that it is not and will not become an entity controlled by or acting on behalf of one or more of the persons identified in (i) or (ii) or in which one or more of the persons identified in (i) or (ii) holds, directly or indirectly, an interest of 50% or more, individually or collectively.

The Customer undertakes to notify IC immediately of any breach.

Pyrex® brand Products sold by IC may only be resold by the Customer, when authorized, in the territory of Europe, including the geographical area between Iceland and Russia, Mongolia, the Kyrgyz Republic, Tajikistan, the Middle East, western Afghanistan and Africa, corresponding to the territory in which IC benefits from the license of the Pyrex® brand.

17. Communications between us

When we refer, in these Terms, to "in writing", this will include email.

If you are a consumer, you may contact us as described in Section 3.

If you are a business:

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.
2. a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office.

• 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.

The provisions of this Section 17 shall not apply to the service of any proceedings or other documents in any legal action.

18. Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.

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 unauthorized 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, as it may be amended from time to time, and any other legal provisions that may apply. 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.

19. Linking to our Site

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.

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.

You must not establish a link to our Site in any website that is not owned by you.

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.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Terms and Conditions of Use.

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. 

20. Other important terms

We may transfer our rights under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in advance and 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 9 to the recipient of the gift without needing to ask our consent.

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 as set forth in Section 9, but we and you will not need their consent to cancel or make any changes to these Terms.

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.

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.

The headings of the Sections and paragraphs appearing in these Terms are used solely for convenience and are not likely to qualify or affect the clauses and conditions.

Unless otherwise provided for in these Terms, the Terms do not create any rights in favor of third party beneficiaries for any person or entity who is not a party to these Terms, namely IC and the Customer.

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.

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).