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Terms of service

 

General terms and conditions of sale

 

CLAUSE 1     IDENTITY OF THE SELLER

The Cookware Company UK & Ireland Ltd 

Unit 1H, Grovemere House Lancaster Way Business Park Ely, CB6 3NW United Kingdom 

Company Number 07033153 

VAT number: GB980702221 

  

Website: www.greenpan.co.uk (hereinafter referred to as the “Website”) 

Customer service: via customer.care@greenpan.co.uk

Hereinafter referred to as "The Cookware Company"


CLAUSE 2     SCOPE

2.1.  These general terms and conditions of sale apply to any offer relating to products sold on the Website (hereinafter referred to as “Products”) to the end consumer, i.e. a natural person who acquires or uses the goods or services exclusively for non-professional purposes (hereinafter referred to as "you"). 

2.2.  In these general terms and conditions, "order" means any offer by The Cookware Company to buy the Products in accordance with these terms and conditions. 

2.3.  To place an order, you must be at least 18 years old. If you are under 18, your parents or your legal guardian must place your order. We have the right to refuse any order which was placed by a minor. 

2.4.  We are unable to accept orders by VAT-registered buyers. If you are a VAT-registered buyer and would like to place an order, you can always contact us via the contact form to discuss a possible cooperation. 

2.5.   In the event that any additional contractual agreement between the customer and The Cookware Company in respect of the purchase of the Products (hereinafter referred to as “Special conditions”) apply in addition to these general terms and conditions of sale, they shall also apply. In case of contradiction between these general terms and conditions and the Special conditions, the Special conditions shall prevail over these general terms and conditions. 

2.6.  All communication will be in English. 

2.7.  Any order placed online assumes prior knowledge and express acceptance of these general terms and conditions of sale. 

 

CLAUSE 3     OFFER

3.1.  If an offer has a limited period of validity or is subject to specific conditions, this shall be expressly stated in our offer. 

3.2.  The Products are these which are listed on the Website at the exact day and time of consultation of the Website. We undertake to use all our available efforts to fulfil your order. If a product is unavailable as the object of a confirmed order, you will be informed of the (partial) cancellation of your order by e-mail. If the unavailability is notified while your bank account has already been debited with the amount of your order, the refund will be made as soon as possible after the date of cancellation of your order. Under no circumstances shall we be liable for any damages resulting from the unavailability of a product. 

3.3.  We always provide a description and images of our Products in good faith. We take all reasonable efforts to represent the composition, colours and details of our Products as truthfully as possible. However, you may notice differences when you receive your Products. We are not liable for these differences nor errors that may appear in the description and illustration of the Products. 

 

CLAUSE 4     PRICE

4.1.  Prices on our Website are quoted in pound sterling, and include VAT, handling charges and, where applicable, recycling fee. They do not include shipping costs. These are stated separately while completing your purchase. 

4.2.  We reserve the right to adjust our prices at any time. The price as applicable at the time of payment of your order is the applicable price, except in case of a material or technical error. 

4.3.  In the event that the VAT rate changes, we also retain the right to adjust our prices including VAT. 

4.4.  We shall not be bound by incorrect prices due to technical or material errors. In such case, we reserve the right to cancel your order. If your bank account has already been debited with the amount of your order, the refund will be made as soon as possible after the date of cancellation of your order. 

 
CLAUSE 5     ORDER AND PAYMENT

5.1.  To buy a product, place the desired product in the shopping basket. You can complete your order via the shopping basket. After paying your purchase, you will receive an order confirmation by e-mail. On this page you will find more information with respect to the ordering procedure. 

5.2.  Payment can only be made on the Website using the payment methods made available there. These are listed at the bottom of our Website at all times and are also visible when completing your purchase. On this page you will find further information on the possible payment methods, payment partners and conditions. 

5.3.  Payment is only final once that The Cookware Company actually receives the amounts due. The Cookware Company reserves the right to suspend the execution of your order until the payments due are received or to cancel if fraud is suspected. 

5.4.  In case of suspected fraud, The Cookware Company will contact you. You undertake to provide any useful evidence that allows us to rule out fraud. If you do not provide your cooperation, The Cookware Company is entitled to cancel your order. 

5.5.  To ensure the security of your online payment and your private data, The Cookware Company takes appropriate technical and organisational measures to protect the electronic transmission of data and we make all reasonable efforts to create a secure web environment. 

 

CLAUSE 6    DELIVERY

6.1.  All Products will be delivered to the address you have indicated at the time of your order or to the collection depot if The Cookware Company is unable to deliver to the indicated address (hereinafter referred to as the “Delivery”) and according to the modalities specified there. Only one Delivery address may be specified per order (which may include one or more Products). You are bound by the information you provided at the time of your order. We cannot be held liable for the consequences of the communication of incorrect data. The Products ordered can only be delivered to an address in The United Kingdom. 

6.2.  Our Delivery period is 3 working days. This Delivery period is indicative and, if necessary, can be deviated from. 

The Cookware Company is not liable for late Delivery, non-delivery caused by a Force Majeure Event or if you have not provided appropriate Delivery instructions. In the event of liability of The Cookware Company concerning a failure to deliver, our total liability shall be limited to direct costs and reasonable costs concerning the replacement of the Products. 

6.3.   On the day the package leaves the warehouse, you will receive a track & trace number by e-mail that allows you to track your package online. The order confirmation will detail the Delivery cost and VAT. The Delivery is accompanied by a Delivery note that lists the Products ordered. 

6.4.   Your order will be delivered to yourself, or to any other person present at the Delivery address you have submitted. We shall not be liable for damages of any kind that might result from the receipt of your order by any other person present at the Delivery address. If no one can receive your order at the time of Delivery, the courier will leave a message with instructions on how to collect your order. Your order will remain available for 14 days after the initial time of Delivery. After this period, you can no longer collect your order and we reserve the right to destroy or resell it. Under no circumstances will these Products be refunded 

 

CLAUSE 7     COMFORMITY AND DEFECTIVE PRODUCTS

7.1.  You will check that the Products delivered correspond to your order. A complaint for non-conforming Delivery must be submitted via the contact form to our customer service department at the latest 5 days after Delivery. If such communication was not made within this period, you will lose your right to complain for non-conforming Delivery. Our customer service department will inform you of the steps to follow to return the goods. In any case, any return of the goods can only take place after our prior written confirmation. 

7.2.  The Cookware Company warrants that the Products conform in all material respects with their description, are of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and are fit for any purpose held out by you. Only complaints submitted by e-mail to our customer service department within 2 months of the defect being identified will be dealt with. If you have contacted us in time, customer service will handle your complaint and inform you of the steps to follow. Any return of Products in this context can only take place after our prior written confirmation. 

7.3.  If the Products do not comply with condition 7.2, The Cookware Company shall at its sole discretion repair, replace the Products or refund all amounts received including the Delivery cost. 

  

CLAUSE 8     SPARE PARTS

8.1.  There are no spare parts available for our Products. 

8.2.  If you benefit from the legal warranty, we will replace the product or if not reasonably possible refund you all amounts received including the Delivery costs for the relevant product. 

 

CLAUSE 9     LIABLITY

9.1.  The Cookware Company will use reasonable endeavours to verify the accuracy of any information placed on the webshop, it makes no warranties, whether express or implied in relation to its accuracy. 

9.2.  We cannot be held liable for any damage, resulting from misuse of the Products. You undertake to comply with the information provided on or in the packaging of the Product 

9.3.  Our liability cannot be invoked for inconveniences and disadvantages inherent in the use of the Internet, in particular an interruption of the service, an external intrusion or the presence of computer viruses. 

9.4.  We shall only be liable if the damage was caused by our intentional or gross negligence. We shall only be liable for direct damages. The Cookware Company shall never be liable for any special or indirect losses, indirect consequential losses, economic losses (including loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation. 

9.5.  The Cookware Company's total liability to the Customer shall never exceed a total of the Product Prices paid by the Customer plus any associated Delivery costs . 

  

CLAUSE 10     RIGHT TO CANCEL

10.1.  You have the legal right to return the goods without giving a reason in accordance with the following conditions: 

  • You have a period of 30 days to revoke your order. The 30-day withdrawal period shall commence on the day you or a third party indicated by you received your order or the date that product was delivered at the collection point if the order was unable to be delivered to your address. 

  • You must inform us of your decision to revoke before the revocation period has expired. For this purpose, you can preferably use the contact form on our Website, or send us the return form in writing by e-mail or by post. As soon as we receive your message, you will be contacted by our customer service. You will receive a return label by e-mail to send us the Products. The Products must be returned within 30 days after receipt of the return label at your expense and in the original packaging with all delivered accessories, including among others the user manual and the Delivery note. You acknowledge to keep a receipt or other evidence from the Delivery service that proves the Products have been send to The Cookware Company. 

10.2.  We will refund you the amounts received, minus the shipping costs in relation to your return. The refund will be made using the same payment method you used to pay for your order, except in the case of your express agreement to a different payment method. The refund will be made as soon as possible after receipt of the Products, or until you have provided proof of dispatch of the goods, whichever is earlier. 

10.3.  If that The Cookware Company has not received the Products or proof of shipment, it reserves the right to refuse a refund. 

10.4.   will only accept unused Products. If we believe that the Products were used during the withdrawal period, the exercise of your right of withdrawal will be refused. Under no circumstances will we refund any sums received. The goods will be resent to you after payment of the shipping costs. 

10.5.   Products returned for which the withdrawal procedure has not been followed will not be accepted and will not be refunded. If there are manifestly repeated improper returns, we reserve the right to refuse any further order. 

 

CLAUSE 11    FORCE MAJEURE

11.1.  We are absolved from our obligation in the event of Force Majeure. 

11.2.  Circumstances reasonably beyond our control shall be considered a Force Majeure event, including but not limited to any event such as: natural disaster, war, insurrection, riots, economic sanctions, fire, flood, extreme weather conditions, explosion, pandemic, epidemic, terrorism, labour dispute, strike, employer’s strike or any other form of collective action or conflict, as well as any circumstance that may impede the normal production, dispatch or carriage of Products, and other similar situations that may affect us, our subcontractors, our suppliers or our carriers. 

 
CLAUSE 12     PROTECTION OF PRIVACY

12.1.  Our policy with regard to the processing of personal data can be consulted on our Website.

 

CLAUSE 13    INTELLECTUAL PROPERTY

13.1.  Our Website and the text, photos, illustrations, pictograms, sounds, videos, software, databases, structures, layout and other details and elements of our Website are protected by intellectual property rights and/or other rights or property rights (hereinafter referred to as the “Intellectual Property Rights”). Access to and use of our Website does not give you any right or claim to any part of our Website and cannot, under any circumstances, be regarded as a waiver or granting of a usage right to these intellectual property and other rights.

13.2.  We grant you the right to use our Website for strictly personal use only, in accordance with the terms and conditions set out in these general terms and conditions of sale. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

13.3.  You acknowledge and agree that all Intellectual Property Rights ts in all materials and/or content made available on the Website shall remain the intellectual property of The Cookware Company at all times.

13.4.  You agree not to infringe the Intellectual Property Rights of The Cookware Company, or its suppliers in relation to the Products, for example by copying, editing or imitating the Products.

13.5.  The name of The Cookware Company and the brands GreenPanTM and ThermolonTM are registered trademarks. Use of these trademarks (other than for strictly personal use) without our prior written consent is officially prohibited.

 

CLAUSE 14     COLLECTION POINT KITCHEN APPLIANCES

14.1.  In accordance with The Waste Electrical and Electronic Equipment Regulations 2013, it is not permissible to dispose of our kitchen appliances that are obsolete or no longer work in the dustbin. Instead, they should be dropped off at a recycling point. You can contact The Cookware Company, after which we will inform you about where you can dispose of your old kitchen appliances free of charge.

 

CLAUSE 15     COMPLAINTS HANDLING AND DISPUTE RESOLUTION

15.1.  If you wish to file a complaint about our Products or services, please contact us via customer.care@greenpan.co.uk. We will endeavour to handle your complaint within 24 business hours. 

15.2.  Any agreement entered into our customers, regardless of where they live, shall be governed by and construed in accordance with the laws of England and submit to the exclusive jurisdiction of the courts of England. 

CLAUSE 16      CHANGE TO THE GENERAL TERMS AND CONDITIONS OF SALE AND SEVERABILITY

16.1.  We reserve the right to amend these general terms and conditions of sale on the Website at any time, without notice. The applicable version of these general terms and conditions of sale will be published on the Website from the date the change takes effect. The general terms and conditions of sale that are in force at the time of your order will, in any event, apply to your order.

16.2.  In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of the Agreement.

16.3.  The Cookware Company shall be entitled to assign or transfer these general terms and conditions, in whole or in part, to any other company affiliated with The Cookware Company.

16.4.   The waiver by The Cookware Company of a breach of any provisions contained herein shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself.

 

 

    *Our PFAS-Free Ceramic Nonstick is Made Without Intentionally Added PFAS

    Sale terms.

    THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

    YOU ARE REQUIRED TO ACCEPT THESE TERMS PRIOR TO PLACING ANY ORDER ON THIS WEBSITE, AND BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ARE BOUND BY THESE TERMS.

    THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

    These terms of sale (“Terms”) apply to the purchase and sale of products (“Products”) through www.greenpan.us (the “Site”) or through any other means, and constitute a legally binding agreement between the individual (“Customer” or “you”) using the Site and/or purchasing the products and The Cookware Company (USA), LLC (the “Seller”). The Terms are subject to change by Seller without prior written notice at any time, in Seller’s sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms, as well as our Privacy Policy1, before purchasing any product through the Site or otherwise.

    Acceptance. When prompted on the Site, Customer must check the appropriate box to accept the Terms and purchase a Product. If Customer does not indicate its acceptance of such Terms by checking the appropriate box, Customer will not be able to purchase a Product. All purchases of Products from Seller are subject to Customer’s acceptance of these Terms.Orders. Each order for a Product received by Seller through the Site is subject to acceptance by Seller and these Terms as well as any other terms set forth on the Site. Seller may reject any such order for any reason, in its sole discretion. After Customer submits an order, Customer may receive one or more email messages that such order has been (a) received by Seller, (b) accepted by Seller and/or (c) shipped by Seller. If any such order relates to a Product that is unavailable or is otherwise not accepted by Seller, Customer will be so notified in an email message.Information. In submitting an order for a Product, Seller may collect data and other information from Customer and Customer’s computer; provided, however, that Seller will not collect any data or other information relating solely to the credit card used by Customer to pay for a Product. All such data and other information will be handled by Seller as set forth in its Privacy Policy,2 a copy of which is posted on the Site. All data and other information relating solely to a credit card used by Customer to pay for a Product may be collected and used by one or more third-party vendors. Additional information related to Seller’s use of third-party vendors is available in the Terms of Use, which are incorporated herein by reference.Sale. In submitting an order for a Product through the Site that is accepted by Seller, Customer purchases from Seller each Product described in such order, subject to these Terms. Customer must provide Seller with complete and accurate information in submitting any such order. Any Product sold on the Site is intended for personal use (including a gift to a third party) only, and is not authorized for resale or other commercial purposes.Prices; Payment.
    - All prices posted on this Site are subject to change without notice. The price for a Product will be the price in effect at the time the order is placed. Unless otherwise expressly stated, prices do not include taxes or charges for shipping and handling. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller, and Seller reserves the right to cancel any orders arising from such errors.
    - Customer must pay for a Product, plus all other amounts becoming due hereunder, by using a valid credit card or other payment methods expressly offered on the Site that Customer is authorized to use. You represent and warrant that (i) the credit card or other payment information you supply to use is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes (if any). Customer’s credit card will not be charged for a Product until the time of shipment.Shipping. In submitting an order for a Product, Customer will have options for shipping, and unless otherwise provided expressly on the Site, Customer will be charged for shipping as set forth on the Site. All risk of loss to a Product being shipped by Seller transfers to Customer upon actual delivery to Customer. Any dates posted on the Site for shipping or receiving a Product are only estimates and Seller is not responsible for any failure to ship such Product, or any failure of Customer to receive such Product, on or before such dates.Return Policy. Customer may only return a Product in accordance with the Limited Warranty. Additional instructions for returning a Product will be provided to Customer along with the Product or can be found at www.greenpan.us.Limited Warranty. The limited warranty applicable to the Product can be found at www.greenpan.us (the “Limited Warranty”). THE LIMITED WARRANTY INCLUDES YOUR SOLE AND EXCLUSIVE REMEDIES FOR A BREACH OF THE LIMITED WARRANTY. SELLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.Account. In submitting an order through the Site for a Product, Customer may establish an account with Seller that is accessible using a user name and password chosen by Customer. Customer’s user name and password must comply with whatever protocol is from time to time established by Seller for user names and passwords, and must not be disclosed by Customer to third parties. Customer (a) is responsible for maintaining the confidentiality of Customer’s user name and password, and (b) must immediately notify Seller in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password. Seller will not have any liability to Customer or any third party arising from Customer’s failure to keep Customer’s user name or password confidential and may at any time, in its sole discretion and without notice to Customer, terminate or temporarily disable Customer’s access to such account. In addition, Seller may rely on any use of Customer’s user name or password, whether by Customer or any third party, as having been authorized by Customer, unless (a) Customer previously notified Seller in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password, (b) Seller has had a reasonable opportunity of not less than five days to act on such notice and (c) Seller’s acting on such notice would have clearly avoided any third-party use of such account that was not authorized by Customer.Taxes. All sales and use taxes, plus any other federal, state, county or local duty, surcharge, tax, tariff or other government-imposed fee (except for any tax on the income of Seller) assessed or payable upon an order for a Product or otherwise relating to these Terms shall be payable by Customer, even if such government-imposed fee is not collected by Seller at the time an order for a Product is submitted to Seller.Limitation of Liability. THE REMEDIES DESCRIBED IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES AGAINST SELLER. SELLER WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO A PRODUCT, THESE TERMS OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY SELLER, IN NO EVENT WILL ANY LIABILITY OF SELLER WITH RESPECT TO PRODUCT, THESE TERMS OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY CUSTOMER OR (B) THE ACTUAL AMOUNT PAID BY CUSTOMER TO SELLER FOR A PRODUCT (NOT INCLUDING ANY CHARGES FOR SHIPPING). THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY SELLER, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.Severability. Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these Terms, being prohibited or invalid.Governing Law. All matters arising out of or related to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.Dispute Resolution.
    - YOU AND THE COOKWARE COMPANY (USA), LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
    - ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SELLER ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    - The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Seller will be responsible for the AAA filing fee of any such proceeding.
    - The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    - If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small claims court rather than arbitration, if you provide Seller with written notice of your intention to do so within 60 days of your purchase. The small claims court proceeding will be limited solely to your individual dispute or controversy.You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COOKWARE COMPANY (USA), LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
    - Notices. Customer must send all notices to Seller relating to a Product or these Terms at info@greenpan.com.Any such notice will be effective upon actual receipt by Seller. Seller may send notices to Customer through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon Seller’s sending such notice to the address it has in its records for Customer in the case of e-mail, (b) five days after Seller’s sending such notice to the address it has in its records for Customer in the case of regular mail, and (c) immediately upon Customer’s entering the Site after such notice is posted on the Site.Waivers. No failure of Seller to exercise, and no delay by Seller in exercising, any right or remedy under these Terms shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by Seller, and specifically referring to each such right or remedy being waived.Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms, and no provision of these Terms can be enforced or relied upon by any third party.Miscellaneous. These Terms (a) inure to the benefit of, and is binding upon, Customer and Seller and each of Customer’s and Seller’s successors and assignees, except that Customer may not assign any of Customer’s rights or obligations under these Terms without first obtaining the written consent of Seller, and (b) constitute the entire agreement between Customer and Seller with respect to the subject matter of these Terms, and supersede all prior oral and written proposals, representations, understandings and agreements. Any attempt by Customer to assign to a third party any right or remedy hereunder will be null and of no effect. Seller may, in its sole discretion, assign or otherwise transfer to a third party (including, but not limited to, an affiliate of Seller) these Terms or any order for a Product. To the extent there is any conflict or inconsistency between any provision of these Terms and any provision contained on the Site (not including the Privacy Policy or Terms of Use), the former will control.