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Terms of Use
Terms of Use
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 customerservice@portmeirion-usa.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.
We use the services of a payment provider for all on-line purchases. Our US partner is Stripe. When you place an order on our website, your credit card data is processed directly by Stripe payment gateway. Visit Stripe 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
Sale/Clearance/Discounted items as shown in the Sale or Doorbusters page are not eligible for additional discounts. New items and certain collaborative ranges are not eligible for discounts.
Returns Procedure
We want you to be completely happy with your purchase. If your selection does not meet your satisfaction, we will be happy to exchange or refund new, unused merchandise, excluding delivery charges, when you make the request within 30 days of the shipping date. If you would like to return an item you received as a gift, we will be happy to offer an exchange for an item of equal value, subject to availability.
Please note, we cannot accept returns or exchanges on personalized items, open-box, “nearly perfect”, seconds and clearance items.
For returns due to defects or due to an error made by Nambé, we will replace the item where possible or refund the purchase price in full, including taxes and delivery charges, in the original form of payment. For defective merchandise or to remedy an error caused on our end please reach out to our customer service department.
If the original form of payment is unavailable for credit, a check for the refund amount will be issued to the purchaser
We reserve the right to refuse a refund on non-faulty items returned that are not in fully resalable condition. 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 amount.
For additional information please refer to our Returns and Exchanges page.
To change or cancel an order, please contact customerservice@portmeirion-usa.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.
Flat rate shipping is $15 per order. Delivery charge of $35 for Alaska, Hawaii, Puerto Rico and US virgin Islands still apply.
Portmeirion Group Designs, LLC ships packages via UPS Ground or Fed Ex to all US states, territories, and APO/FPO addresses. For most up to date shipping deadlines and timeframes please visit our shipping information page.
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 using either UPS SurePost or Federal Express SmartPost, both of which coordinate final delivery to the recipient through the US Postal Service.
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.
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.
For the best experience at nambe.com, we recommend using Internet Explorer 6 or Firefox 2 or greater as your browser.
Nambé cannot guarantee an uninterrupted or error free environment. Nambé shall not be liable for damages of any kind related to your use of or inability to access this site.
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.
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.
Nambé offers its customers mobile marketing alerts regarding specials, product updates and cart reminders by SMS message (the "Service") on 50463. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Nambé reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
A. Authorize Nambé to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at Nambé 810 Calle Mejia Suite 103 Santa Fe, NM 87501
To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 50463, your message frequency may vary. You may receive alerts once:
A. Specials
B. Product updates
C. Cart reminders
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Nambé may add or remove any wireless carrier from the Service at any time without notice. Nambé mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Nambé, text the word STOP to 50463 any time or reply STOP to any of the text messages you have received from Nambé. After texting STOP to 50463, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 50463. You can also call us at 1-800-443-0339 or email us at CUSTOMERSERVICE@PORTMEIRION-USA.COM
Changes To Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
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.
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. 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 of use.
We process information about you in accordance with our Privacy Policy. By using our website you consent to such processing.
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.
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 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.
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.
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.
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.
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.
Changes
We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our websites or purchase of our products. If we make any change to the Terms of Use, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by us, if any, or 2) the posting. By accessing our website after changes are made to the Terms and posted on the website, you agree to be legally bound and to abide by the amended terms. You should visit this page from time-to-time to review the then-current Terms because they are binding on you.
Entire Agreement
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.
Questions about your order or our products? We’ll be glad to help!
Our Customer Service departments are located in Waterbury, CT and Santa Fe, NM. Our hours are Monday through Friday 9 a.m to 6:30 p.m (ET) .
If your question or comment is in regard to an order, please include your order number.
Here’s how to get in touch with Portmeirion Group Designs LLC.
customerservice@portmeirion-usa.com
Call us:
Toll Free (888) 778-1471
Send a Fax:
(203) 573-9561
Write us a letter:
Portmeirion Group Designs LLC
105 Progress Lane
Waterbury, CT 06705