Terms & Conditions
1. ABOUT US
- 1.1 Company details. Pyon Products Ltd., company number 06315603 (we and us), is a company registered in England and Wales and our registered office is at Shearwell Data Ltd, Putham, Wheddon Cross, Minehead, Somerset, TA24 7AS. We operate the website pyonproducts.com.
- 1.2 Contacting us. To contact us telephone our customer service team at 01643 841611 or email email@example.com. How to give us formal notice of any matter under the Contract is set out in Clause 15.2.
- 1.3 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Pyon products made by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
- 1.4 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- 1.5 Language. These Terms and the Contract are made only in the English language.
- 1.6 You should print a copy of these Terms or save them to your computer for future reference.
2. PLACING AN ORDER AND ITS ACCEPTANCE
- 2.1 Placing your order. Please follow the onscreen prompts to place an order. It may be necessary to send a direct email to clarify the price, especially outside the UK. Each order is an offer by you to buy the Pyon Products specified in the order (Goods) subject to these Terms.
- 2.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- 2.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 2.4.
- 2.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence. The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
- 2.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- 3.1 The images of the Goods on our site are for illustrative purposes only.
- 3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate.
- 3.3 The packaging of your Goods may vary from that shown on images on our site.
- 3.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
4. DELIVERY, TRANSFER OF RISK AND TITLE
- 4.1 We will contact you with an estimated delivery date, which will be within 30 days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 10 (Events outside our control) for our responsibilities when this happens.
- 4.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
- 4.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.
- 4.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
- 4.5 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
5. INTERNATIONAL DELIVERY
- 5.1 We deliver to the countries listed on this page. However, there are restrictions on some Goods for certain International Delivery Destinations, so please review the information on that page carefully before ordering Goods.
- International delivery destinations (others can be arranged)
- Czech republic
- New Zealand
- South Africa
- United States
- United Kingdom
- 5.2 If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- 5.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- 5.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
6. PRICE OF GOODS AND DELIVERY CHARGES
- 6.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see Clause 6.5 for what happens if we discover an error in the price of Goods you ordered.
- 6.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
- 6.3 The price of Goods excludes 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 Goods in full before the change in VAT takes effect.
- 6.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
- 6.5 We will notify you if the price on your purchase order differs from the current price list, by email, to rectify the mistake before confirming the order.
7. HOW TO PAY
- 7.1 Retail customers can pay for Goods using most major debit or credit cards. We also accept Paypal and electronic bank transfers.
- 7.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.
- 7.3 Trade customers pay by electronic bank transfer and credit terms are negotiated on an individual basis.
8. LIMITED WARRANTY FOR THE GOODS
8.1 We provide a limited warranty that on delivery, the Goods shall:
- (a) subject to Clause 3, conform in all material respects with their description;
- (b) be free from material defects in design, material and workmanship for a period of one year from the date of delivery of the Goods (the Warranty Period);
- (c) be of satisfactory quality; and
- (d) be fit for the purpose held out by us.
8.2 Subject to Clause 8.3, if:
- (a) you give us notice in writing within a reasonable time of discovery within the Warranty Period that some or all of the Goods do not comply with the warranty set out in Clause 8.1;
- (b) we are given a reasonable opportunity of examining the Goods and we determine in our sole discretion that such Goods are defective; and
- (c) if we ask you to do so, you return the Goods to us at your cost,
- Then we will, as our sole responsibility under this limited warranty, at our option, either (1) repair or replace the defective Goods, or (2) refund the price of the defective Goods in full. The replacement Goods will be the same or like Goods and have the remaining Warranty Period of the original Goods or a new warranty period ninety (90) days from the date of replacement or repair, whichever period is longer. When any Goods are replaced, any replacement Goods become your property and the replaced Goods become our property.
- 8.3 We will not be liable for breach of the warranty set out in Clause 8.2 if:
- (a) you make any further use of the Goods after giving notice to us under Clause 8.2(a);
- (b) the defect arises as a result of us following any drawing, design or specification supplied by you;
- (c) you alter or repair the Goods without our written consent;
- (d) the defect arises as a result of wear and tear, wilful damage, negligence, or abnormal storage or working conditions as determined in our sole discretion;
- (e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements;
- (f) the defect arises from failure to follow instructions relating to use of the Goods; or
- (g) the defect arises from use with products or goods not supplied by us or from use with other products or components not supplied or manufactured by us or not otherwise specified to be used with the Goods.
- 8.4 Except as specifically set forth in these Terms, the Goods are provided “as is” and we expressly disclaim any and all warranties or representations (express or implied) with respect to the subject matter of the Contract or our obligations hereunder with respect to the Goods, including arising out of any course of dealing or performance, custom, industry standard or otherwise or any and all implied warranties of merchantability or fitness for a particular purpose or against infringement. Without limiting the foregoing, we do not warrant the reliability, availability, timeliness, quality, suitability, accuracy, or completeness of the Goods, or the results you may obtain by using the Goods, and/or that the Goods, or the operation thereof is or will be accurate or error-free or meet or will meet all your requirements.
- 8.5 These Terms also apply to any repaired or replacement Goods supplied by us to you.
9. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- 9.1 Nothing in these Terms limits or excludes our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any other liability that cannot be limited or excluded by law.
- 9.2 Subject to Clause 9.1, we will under no circumstances 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:
- (a) any loss of profits, sales, business, or revenue;
- (b) any indirect or consequential loss.
- 9.3 Subject to Clause 9.1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods].
- 9.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. 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 Goods are suitable for your purposes.
10. EVENTS OUTSIDE OUR CONTROL
- 10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- 10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under the 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- 10.3 You may cancel the 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 Goods you have already received and we will refund the price you have paid, including any delivery charges.
11. COMMUNICATIONS BETWEEN US
- 11.1 When we refer to “in writing” in these Terms, this includes email.
- 11.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid post or other next working day delivery service, or email.
- 11.3 A notice or other communication is deemed to have been received:
- (a)if delivered personally, on signature of a delivery receipt;
- (b)if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- (c)if sent by email, at 9.00 am the next working day after sending.
- 11.4 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 and, in the case of an email, that such email was sent to the specified email address of the addressee.
- 11.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- 12.1 ASSIGNMENT AND TRANSFER.
- (a) We may assign or transfer our rights and obligations under the Contract to another entity.
- (b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- 12.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- 12.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- 12.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 12.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- 12.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.