These are the terms and conditions for Portmeirion Group Designs LLC and all other websites operated by Portmeirion Group Designs LLC (“our website(s)”).
Our website is operated by Portmeirion Group Designs LLC. (“we”, “us” or “our”). This page together with the documents expressly referred to within it state the legal terms and conditions (“Terms”) under which you may use our website(s) and under which we sell any of the products (“Products”) listed on our website(s) to you. By using our website(s) and/or placing an order for any Products you agree to be bound by these Terms. If you do not agree to these Terms please refrain from using our website(s).
These Terms will apply to the sale of Products to you (“Contract”). Please read through these Terms carefully before placing your order and retain a copy for future reference.
Before you place an order, if you have any questions relating to these Terms please contact our Customer Service department by e-mailing email@example.com, or contact us at (888) 778-1471 between 9.00am and 4.30pm (Monday to Friday, excluding public holidays). Please note that all calls made from US landlines will be charged at your standard landline rate. Mobile phone and international call charges will vary.
We may revise these Terms at any time by updating this page. You should visit this page periodically to review the Terms because they are binding on you. Continued use of our website constitutes your agreement to all such revised terms. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
The terms “you”, “your”, “yourself” and “yours”, when used in these Terms includes any user of our website(s).
INFORMATION ABOUT US
Portmeirion Group Designs LLC is a Delaware limited liability company located at Portmeirion Group Designs LLC., 105 Progress Lane, Waterbury, CT 06705.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You will be guided through the process of placing an order by a series of simple instructions on our website(s). Please take the time to read and check your order at each stage of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order and setting out the details of your order. However, please note that this does not mean that your order has been accepted. Your order is an offer to purchase the Products and no contract exists between you and us for the sale of any Products at this point.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been shipped (“Shipping Confirmation”). The Contract between us will only be formed when we send to you the Shipping Confirmation.
In using this website and by placing an order you warrant that you are legally capable of entering into a binding contract and that you are at least 18 years old.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our website, or because of our inability to obtain authorization for your payment, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
DESCRIPTION AND PRICE OF PRODUCTS
We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on our website are correct at the time when the relevant information was entered onto our system. Although we aim to keep our website as up to date as possible, the information, including the descriptions of Products, appearing on our website at a particular time may not always reflect the position at the time you place your order.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We cannot confirm the price of a Product until the order is accepted by us. If we discover an error in the price of the Products you have ordered we will 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. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Prices for our Products may change from time to time, but changes will not affect any order that we have confirmed with a Shipping Confirmation.
The price of a Product does not include sales tax (where applicable). Sales tax will be added to the order total for Arizona, California, Colorado, Connecticut, Illinois, Nevada, New Jersey, New Mexico, New York, Texas and Washington purchases on checkout.
The price of a Product does not include delivery charges. Our delivery charges are as quoted in these Terms.
We try to ensure that each Product has the correct stock status and availability however, we cannot guarantee this. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
We use the services of a payment provider for all on-line purchases. Our US partner is Cybersource. When you place an order on our website, your credit card data is processed directly by Cybersource payment gateway. Visit https://www.cybersource.com for more details.
Offers and promotional discount codes offered by us are valid only for use as part of a purchase made via our website, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase in our retail outlets or any other shops, or for telephone orders. Promotional offers by our parent company are not valid on our website unless they specifically state so.
Offers and promotional discounts are only available subject to their specific terms and conditions which will be shown on our website. Cannot be combined with any other offer. Not valid on previous purchases.
Exclusions from Promotions
Spode Kit Kemp Collection and Clearance/Great Deal items (ending in .98) are not eligible for additional discounts.
RETURNS AND REFUNDS
We hope that you are pleased with your Products, but if you wish to return your purchase, or part of it, we will be happy to refund or exchange any new, unused merchandise (including sale merchandise) within 30 days of the date of shipping. A copy of the packing slip with the return information completed must be included with the return shipment.
If the Products are returned due to an error made by us or if the Products are defective or damaged in transit, we will replace where possible or refund the purchase price in full, including taxes and shipping costs. However, if Products are returned to us for any other reason, we will only refund the purchase price paid for the Products excluding the original shipping costs.
If non-faulty Products are not returned in fully resaleable condition, we reserve the right to refuse a refund on the item. If you refuse to accept delivery of a shipment, please note the cost of the return freight will be deducted as a restocking fee from the refund applied to your credit card.
To return your Product(s), please fill in the return form on the order packing slip received with your Products and follow the instructions for return to us. We recommend using FedEx or UPS to ship the returns as you are able to track your package. If you need assistance in returning an item to us, as a courtesy, we will provide a UPS call tag so that UPS will come to you to pick-up the package. Please note, however, the cost of the UPS call tag will be deducted from any credit applied. Please ship your item in the original packaging with the return form to:
Portmeirion Group Designs LLC
105 Progress Lane
Waterbury, CT 06705
Please allow 14 business days for us to process your return. Refunds will be processed in the same format in which payment was received. If you request a replacement, please note that replacements can only be shipped to the original shipping address. Should you have any questions, please contact us at firstname.lastname@example.org or call (888) 778-1471 within a reasonable time (usually 28 days from delivery).
Please note the following:
- Unless the Products are faulty or not as described, you will be responsible for the cost of shipping the Products to us;
- You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Products purchased from our website can only be returned directly to Portmeirion Group Designs LLC within 30 days after delivery to you by shipping as provided above and not to parent, subsidiaries, showrooms, authorized retailers, sales representatives or alike.
Please note that Products which have been personalized to your specification cannot be returned.
Subject to the return policy terms above, you will receive a full refund of the price you paid for the Products, less applicable delivery charges you paid and less the return shipping charge to us for non-defective items. Once the returned Products are received by us we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which we received the returned Products.
If you have returned the Products to us because they are defective, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
If you have returned the Products to us for any other reason you will be responsible for the cost of shipping the Products back to us.
We refund you on the credit card or debit card used by you to pay.
Changing or Cancelling an Order
To change or cancel an order, please contact email@example.com or call (888) 778-1471. Please note that as most orders are processed within a few hours of receipt, once an order is processed into our system, we may be unable to make changes or cancel it.
Tracking your Order
Your order will take 3-11 business days to be delivered. An automated shipping notice will be sent to the email address provided when placing the order.
Delivery is free for individual orders over $150. For orders under $149.99 the rate is $12.00. Please add an additional $10 to the shipping rate for orders shipping to Alaska, Hawaii and Puerto Rico. We are unable to ship outside of the US.
Please allow 2-4 business days for your order to be processed in our distribution center in Waterbury, CT. Ground UPS shipments take 1-7 business days to reach any location in the continental US from our distribution center.
Every effort will be made to deliver the goods within this timescale. However, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will inform you of any delay as soon as possible.
We can ship to APO/FPO addresses or PO Boxes, using either UPS SurePost or Federal Express SmartPost, both of which coordinate final delivery to the recipient through the US Postal Service. For shipments requiring UPS SurePost or FedEx SmartPost for delivery to a PO Box, please add 3-4 days to estimated ship time. There is no shipping time guarantees for delivery to APO/FPO addresses with these services.
We reserve the right to dispatch orders by alternative Couriers and/or we reserve the right to dispatch large orders by pallet delivery. In the event this option is used by Portmeirion Group Designs LLC, no tracking information will be sent, however, shipping information is available from Customer Service.
|Value of Order||Standard UPS Ground|
|Ships in 2-4 business days|
|$0 – 149.99||$12.00|
|$150.00 and above||FREE|
Delivery will be completed when we deliver the Products to the address you gave us. No signature will be required.
We may deliver orders of Products in one or more installments each of which shall be deemed to be the subject of a separate Contract and, unless otherwise agreed in writing, no failure by us in any one or more installments shall entitle you to repudiate any Contract for Products previously delivered or to refuse to accept any undelivered Products.
RISK AND TITLE
From the completion of delivery to you, you will be responsible for the Products and for any loss or damage to them.
You will become the owner of the Products once we have received payment in full, including all applicable delivery charges.
We endeavor to secure high standards of materials and workmanship. If you receive any Products from us in which any defect of materials or workmanship is shown to have existed at the time of dispatch by us, you should notify us in writing at the address or email address shown below in the Contact section immediately and no later than 28 days from delivery. Following receipt of such notification (and if we require, return of the defective Products) we will provide you with replacement Products free of charge or offer you a refund for the affected Products.
The above warranty will not apply to:
- Products supplied as sale goods;
- Products supplied as part of a promotion;
- Products described as not of first quality;
- Any defect in the Products arising from:
- fair wear and tear;
- willful damage, incorrect handling or storage, misuse, accident, negligence by you or any third party;
- use other than recommended by us and/or failure to follow our instructions; or
- any incorrect information or specification supplied by you; and
- Products for which you have defaulted on payment or are in breach of any obligations under these Terms.
The above warranty does not extend to Products not manufactured by us in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us and can be transferred.
LIMITATION OF LIABILITY
If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the extent permitted by law, we have no liability for loss arising from:
- any Products which after delivery have been subjected to willful damage, incorrect handling or storage, accident, negligence by you or by any third party;
- any failure by you to operate or use the Products in accordance with our instructions.
To the extent permitted by law, we will not be held responsible for any delay or failure to comply with the obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
We do use industry standard software and systems; however we do not warrant that our website will operate error-free nor that our website and its server are free of computer viruses. If your use of our website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
We do not in any way exclude or limit our liability for death or personal injury caused by our willful misconduct or fraud or fraudulent misrepresentation. Except for death or personal injury caused by our willful misconduct, to the extent permitted by law, our liability under or in connection with any Contract shall in no circumstances exceed the invoice value for that Contract.
USE OF THE WEBSITE
To the extent permitted by law, you agree to fully indemnify, and keep indemnified, us, our officers, directors, employees, agents and suppliers immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of the Use of the Website terms set out herein or any other liabilities arising out of your use of our website, or the use by any other person accessing our website using your personal information.
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it, including, without limitation, all pictures, designs, logos, photographs and written text. These works are protected by copyright, trademarks and other intellectual property rights. All such rights are reserved. Unauthorized use of these intellectual property rights is prohibited.
Our Site Changes Regularly
We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely.
Reliance on Information Posted
While we use all reasonable endeavors to keep the information on our website accurate and up to date, the material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.
Materials on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any materials by any visitor to our website or by anyone who may be informed of any of its content.
You warrant that all data provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by contacting our Customer Service department.
Viruses, Hacking and Other Offenses
You must not misuse or attack our website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, server, or any other computer or database connected with our website.
By breaching this provision you may be committing a criminal offense and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our website will cease immediately.
To the extent permitted by law, we will not be liable for any loss or damage caused by a denial of service, attack directed at our site, viruses or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our website or any material posted on it, or on any website linked to it.
Links from our website
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content, policies or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
This contract is between you and us. No other person shall have any rights to enforce any of its 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.
Legal Notice for New Jersey Residents
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) our tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) our failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.).
In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms, (i) in the section on Limitations of Liability, the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (iii) in the section on Use of this Website, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms; and (iii) in the section on Viruses, Hacking and Other Offenses, the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you.
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.
These Terms constitute the entire agreement between us. You agree that you shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in the Terms. You shall have no claim for innocent or negligent misrepresentation based upon any statement in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
Governing Law & Arbitration; Waiver of Class Action Claims
Our website(s) are controlled by us from our offices within the United States of America. We make no representation that the website(s), the Products or the Content is appropriate or available for use in other locations, and access to them from jurisdictions where Content is illegal is prohibited. Those persons and entities that choose to access the website(s) from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our Products, through all merchandising channels, including but not limited to, the internet, this website, telephone, catalog, radio, television, mobile device and participating retail stores (collectively "Claims"), shall be governed by the internal substantive laws of the State of Connecticut without regard to its conflict of laws principles and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA").
Before commencing any arbitration, you must give us notice of a claim, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any Claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the Claims of other persons or parties who may be similarly situated and may only resolve Claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwiseconflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.
By email: firstname.lastname@example.org
By telephone: Customer Services (888) 778-1471 between 9.00am and 4.30pm ET (Monday to Friday, excluding public holidays).
By mail, UPS, or FedEx:
Portmeirion Group Designs LLC
105 Progress Lane
Waterbury, CT 06705