B2B Site Terms of Use
Portmeirion Group UK Business to Business website (“B2B Website”) Terms of Use
These are the terms of use for the Portmeirion Group B2B Website at www.portmeirionb2b.com owned and operated by Portmeirion Group UK Limited (“Portmeirion Group”, “we”, “our” or “us”).
This page together with the documents expressly referred to within it state the legal terms and conditions (“Terms”) under which you may use the B2B Website and under which we offer and sell you any of the products (“Products”) available through the B2B Website. By using the B2B Website 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 the B2B Website.
The Portmeirion Trade Terms and Conditions of Sale (“Trade Terms”) (effective from 30 July 2018) will apply to any contract for the sale of Products by us to you (“Contract”) unless you have separately agreed other terms in writing with us. Please read through the Trade 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 or the Trade Terms please contact your Area Sales Manager (“ASM”).
The images of the Products on the B2B Website are for illustrative purposes only and should not be used, copied or downloaded for any other purpose. We are able to provide high resolution, quality product and lifestyle images for your use in relation to the sale and promotion of the Products via the Portmeirion Group SHARE site (https://share.portmeiriongroup.com/) subject to your agreement to and acceptance of the SHARE site Terms and Conditions. For an application for access to the Portmeirion SHARE site please contact your ASM.
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 the B2B Website constitutes your agreement to all such revised terms. Every time you order Products from us, the Trade Terms in force at that time will apply to the Contract between you and us unless you have separately agreed other terms in writing with us.
Information about us
Portmeirion Group UK Limited is a limited company registered in England and Wales under company number 417484 and has its registered office and main trading address at London Road, Stoke-on-Trent, ST4 7QQ. Our VAT number is GB592326332.
Help using the B2B Website
Please contact us ([email protected]), your ASM or the Sales Support Team on 01782 743427 for any queries or help required to use the B2B Website.
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 the B2B Website. Please take the time to read and check your order at each stage of the order process.
You will have the opportunity to review your order and to correct any errors before placing your order. You will find further instructions on the B2B Website. You complete and place your order by clicking on the button marked “Complete Order”. 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 (“Order Confirmation”). The Contract between us will only be formed when we send to you the Order Confirmation.
The Contract will be exclusively in the English language. We will not file a copy of the Contract.
In using the B2B Website and/or by placing an order you warrant that you are legally capable of entering into a binding contract with us. You may only purchase Products from our websites if you are at least 18 years old.
If we are unable to supply you with a Product because it is not in stock, the B2B Website will show the Product as ‘Out of stock’. You may proceed with the order and by doing so will accept a deferred delivery date. If we are unable to supply you with a Product because that Product is no longer available at all we will not process your order and contact you to let you know.
Description and price of Products
We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the B2B Website are correct at the time when the relevant information was entered onto our system. Although we aim to keep the B2B Website as up to date as possible, the information, including the descriptions of Products, appearing on the B2B Website at a particular time may not always reflect the position at the time you place your order.
The images of the Products on the B2B Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer, tablet or mobile phone (your “Device”) will display those colours accurately to reflect the colour of the Products. Your Products may vary slightly from those images.
We offer a large number of Products on and through the B2B Website. It is always possible that, despite our reasonable efforts, some of the Products available on and through the B2B Website may be incorrectly priced. We cannot confirm the price of a Product until your 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. We are not obligated to provide the Products to you at the incorrect price.
The price of a Product shown on the B2B Website is the price excluding VAT. VAT will be added during the order process at the applicable current rate chargeable in the UK. 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.
Payment
Payment terms will be in accordance with our Trade Terms or any other payment terms if agreed separately in writing with us.
Your credit account including available credit limit can be obtained by contacting your ASM. Contact details can be found in the ‘Contact Us’ section of the B2B Website.
When you place an order, the order value will be allocated to your credit account with us and reduce your available credit accordingly. For any queries on payment, credit or increasing your credit limit please contact your ASM.
Promotional discounts
Offers and promotional discounts offered by us are valid only for use as part of a purchase made through the B2B Website unless otherwise stated, and cannot be combined with other offers or applied to past purchases.
Offers and promotional discounts are only available subject to their specific terms and conditions which will be shown on the B2B Website or provided by your ASM.
Cancelling an Order
Provided an Order has not already been dispatched, you may be able to cancel an Order within 24 hours of placing the Order by contacting the Sales Support Team on 01782 743427. Cancellation of an Order is at our sole discretion.
Our responsibility for loss or damage suffered by you
We only supply the Products on the B2B Website for commercial, business or re-sale purposes i.e. trade purposes. Our liability to you is governed by our Trade Terms unless you have separately agreed other terms in writing with us.
If we fail to comply with these Terms regarding your use of the B2B Website, 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, unless our failure to comply with these Terms was deliberate. 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 have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
Whilst we do use industry standard software and systems we do not warrant that the B2B Website will operate error-free nor that the B2B Website and servers are free of computer viruses. If your use of the B2B Website results in the need for servicing or replacing any data or equipment (including your Device), we are not responsible for those costs.
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;
3. any breach of the terms implied by section 9 to 17 (as applicable to the Products we supply) of the Consumer Rights Act 2015;
4. breach of the terms implied by section 28 and 29 of the Consumer Rights Act 2015 (delivery of goods and passing of risk); and
5. defective products under the Consumer Protection Act 1987.
Our liability will not be limited in circumstances where it would be unlawful to do so.
Use of the B2B Website
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 these Terms or any other liabilities arising out of your use of the B2B Website, or the use by any other person accessing the B2B Website using your information.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You must notify us immediately if you know or suspect that anyone else knows your user identification code or password. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms.
Intellectual Property
We are the owner or the licensee of all intellectual property rights in the B2B Website, and in the material published on them, including, without limitation, all images, pictures, designs, logos, photographs and written text. These works are protected by copyright, trademarks and other intellectual property rights. All such rights are reserved. Unauthorised use of these intellectual property rights is prohibited.
The B2B Website Changes Regularly
We aim to update the B2B Website regularly, and may change the content at any time. If the need arises, we may suspend access to the B2B Website, or close it indefinitely.
Reliance on Information Posted
While we use all reasonable endeavours to keep the information on the B2B Website accurate and up to date, the material displayed on the B2B Website is provided without any guarantees, conditions or warranties as to its accuracy.
Materials on the B2B 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 the B2B Website or by anyone who may be informed of any of those materials.
Your information
We process information about you in accordance with the Portmeirion Group Corporate Privacy Policy. By using the B2B Website you consent to such processing.
You warrant that all data provided on the B2B Website by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your information by contacting your Area Sales Manager.
For any queries regarding data please contact [email protected].
Like many websites, the B2B Website use cookies. For further information please see our Cookie Policy.
Viruses, Hacking and Other Offences
You must not misuse or attack the B2B Website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the B2B Website, servers, or any other computer or database connected with the B2B Website.
By breaching this provision you may be committing a criminal offence 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 the B2B Website will cease immediately.
We will not be liable for any loss or damage caused by a denial of service attack directed at the B2B Website, viruses or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of the B2B Website or any material posted on it, or on any websites, applications, or other online or wireless media linked to it.
Links from the B2B Website
Where the B2B Website contains links to other websites 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 websites 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 organisation, but this will not affect your rights or our obligations under these Terms.
Subject to our right to transfer set out above, each Contract is between you and us. No other person shall have any rights to enforce any of the terms of a Contract, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Severance
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.
Waiver
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.
Entire Agreement
These Terms constitute the entire agreement between us in respect of its subject matter. 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 these Terms. You shall have no claim for innocent or negligent misrepresentation based upon any statement in the Terms. Nothing in this clause shall limit or exclude any liability for fraud.
Jurisdiction
These Terms shall be governed by and construed in accordance with the law of England and Wales. This means a Contract for the purchase of Products through the B2B Website and any dispute or claim arising out of or in connection with it will be governed by English law. However, this does not affect the application of any provisions under the law of the EU state in which you reside which are mandatory.
You and we agree that the courts of England and Wales will have exclusive jurisdiction, subject to the exceptions below if you reside outside of England and Wales.
Contact
The B2B Website is owned and operated by Portmeirion Group UK Limited, registered in England and Wales under company number 417484, with our registered office at London Road, Stoke-on-Trent, ST4 7QQ, England. Our VAT number is GB592326332.
For any queries please contact your ASM, details of whom are in the ‘Contact Us’ section of the B2B Website.