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.
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. Except as provided in section 8.9, 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 section in your customer account. Once the return has been approved, you will receive an email with the proceeding of return and the return address.
2. unless the Product is faulty or not as described (see section 8.6) you will be responsible for the costs of returning the Products to us.
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.
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
1. 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
3. you do not, within a reasonable time, allow us to deliver the Products to you or to collect them from us.
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:
|Ceramic oven||2 years|
|Top of stove||10 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.
20.3.4. 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 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 https://international-cookware.zendesk.com/hc/en-gb/requests/new
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).