1. Operator of website and definitions.

This website is operated by or on behalf of The Cookware Company with its United States registered office at 660 White Plains Road, Suite 550, Tarrytown, NY 10591. If you have any concerns about material which appears on our site or wish to correspond with us in relation to this website, please contact us using the following address: The Cookware Company – 660 White Plains Road, Suite 550, Tarrytown, NY 10591 or by using the ‘Contact Us’ section of the website. In these Terms: "Product Services" means any chargeable or free services available from a Seller through this website, including, for example, packaging or delivery services; "Products" means the GreenPan™ products listed for sale by Sellers on this website; "Sellers" means GreenPan™ or the authorized dealers of the Products who sell Products and Product Services on the website; "Services" means any functions, facilities, applications, information or other services available through this website (including, where applicable, ISP (internet service provider and/or internet access) services); "GreenPan Affiliates" means GreenPan Corporation, Tokyo, Japan and any entity which directly or indirectly owns or controls or is directly or indirectly owned or controlled by or in common ownership or control with GreenPan Corporation to the extent of holding more than 50% of the shares or stock having the power to vote at a general meeting or equivalent; "Terms" means these terms and conditions. "User" or "you" means any person who accesses or uses this site, with or without GreenPan's authorization and whether or not you are registered to use this or part of this site or a member or registered User of a Service offered through this site. "This website" or "site" means the website (add website link here) (home page and underlying webpages) or other collection of information and/or applications operated by GreenPan and available for access via physically linked or wireless networks (including the internet and networks accessible using wireless application protocol or similar (wap) technology) through access devices such as PCs, laptop computers, mobile telephones, PDAs, digital cameras, televisions or other network-enabled devices, on which these Terms are posted or which is expressly referred to in connection with User being requested to agree to these Terms. Any reference to this website or site includes a reference to any related wap site. Certain other terms are defined in the text below. 

2. Access and Use of this site. 

By accessing, browsing or downloading any part of this site or its content, or posting or uploading to this site, or any other use of this site and its content, you agree to comply with these Terms (which form a contract between you and GreenPan ) and all relevant applicable laws. If your access to this site, or to any part of it, or to any Services is subject to the payment of a subscription fee, GreenPan may deny or suspend access in the event of late or non-payment of any fee due. If you do not agree to these Terms, please refrain from using this site. You are responsible for obtaining the relevant hardware and software equipment and paying all telephone (or other network) charges necessary to access and use this site and the Services. You agree not to access this site by any means other than through the interface that is provided by GreenPan for use in accessing the site.

3. Contents and hyperlinks. 

This website may contain hyperlinks to third-party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. The Cookware Company and GreenPan™ have no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

If you want to link to this website, please contact ecomm.us@cookware-co.com before creating that link so the site may be previewed. The Cookware Company and GreenPan expressly forbid the unauthorized use of their logos, trademarks or other graphics to create links. Text links are permitted upon written approval.

4. Changes to site and these terms. 

The Sellers and/or third party providers may make improvements and/or changes in support, Products, Product Services, or other Services or site content at any time with or without notice. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. GreenPan may amend these Terms at any time. GreenPan shall provide reasonable notice of changes to these Terms by displaying notices on these Terms or through other communication means. Users who access this site after changes have been posted on the site or otherwise communicated, shall be bound by such changes from the date that is set out in such notices or otherwise communicated. Frequent review of this site and these Terms is therefore recommended. If you do not agree to any amendment, please refrain from using this site. 

5. Permitted and prohibited use of this site. 

Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing: data, graphics, images, photographs, designs, descriptions, information, and text - video, audio, music, and sound compilations - utilities, software (including applets and any software made available to Users in connection with, or to facilitate access to, any subscription or restricted access area or Service associated with this site) and software compilations and other Utilities (defined below) – the contents of any e-mail, newsletter or similar communication sent by or on behalf of GreenPan in relation to this site and/or User's registration or subscription - and other content on this site which has been originated and provided directly by GreenPan, GreenPan Affiliates, or its product, support and service providers (together, site content), is prohibited unless specifically permitted in these Terms. This applies to use by any means, including electronic, mechanical, photocopying, recording, creation of derivative works or otherwise. GreenPan gives limited, non-transferable, non-exclusive, revocable permission for User to access and make personal, non-commercial use of this site and site content as a support and communication resource for purposes specified on the site only. User may electronically copy and print in hard copy site content for these purposes, provided that all copyright and proprietary notices (where present) are retained on site content. Any other use of site content including reproduction for purposes other than those noted above, modification, distribution, transmission, downloading of site content (other than page caching), republication or reverse engineering - without the prior written consent of GreenPan - is prohibited (except to the extent such prohibition is prohibited by applicable law). Without limitation, permission to use site content does not include - resale or commercial use or distribution of site content - collection and use of any product, support or service listings, descriptions, or prices - derivative use of this site or site content (including framing) - downloading or copying of account information for the benefit of another merchant - any use of data mining, robots, or similar data gathering and extraction tools – any use of site content on any other website, server or networked computer environment – or any use of site content which suggests an association with GreenPan , the GreenPan Affiliates or the Sellers, or their products, support or services, except as expressly provided by written agreement between relevant parties. User shall not use this site or the Services in a way that breaches these Terms (or their spirit) or any applicable law or regulations (including those relating to the use of public communications networks) or that causes or is likely to cause any damage, interruption or impairment of this site or the Services. User may not attempt to gain unauthorized access to any part of this site, other User accounts or any computer systems or networks connected to this site, whether through hacking, password mining or any other means. User may not collect or attempt to collect personal information relating to others through this site. 

6. Copyright – Ownership of site content.

GreenPan does not transfer title to (i.e. ownership of) any site content downloaded or used by User. Site content, including its selection and arrangement, is owned by GreenPan or GreenPan Affiliates and/or their content and technology providers and is protected by copyright and other laws. Limited permission to use site content (for the purposes stated in the preceding section) is specifically conditioned on User's recognition, observance and retention of all copyright, trade mark and other proprietary notices in site content, and all proprietary and other intellectual property rights of GreenPan or GreenPan Affiliates and/or content and technology providers, in site content. User shall not have any ownership rights in any e-mail address, URL or other personal identifier that may be allocated to, or chosen by him or her for the purposes of any Services, Products or Product Services available through this site and User's limited rights to use such identifier/address shall continue only for so long as User's registration/User account remains valid for access to this site or the relevant Service. After termination of such validity by GreenPan for any reason, GreenPan shall be free to use and/or allocate to other Users any such identifier/address. Any unauthorized use or copying of site content, or use of site content which breaches these Terms (or their spirit) may violate trade mark, copyright and other proprietary rights, and have civil and criminal consequences. Users shall not use any site content (or any other content made available through this site) in any manner that infringes any trade mark, copyright or other proprietary rights. GreenPan reserves all rights with respect to such unauthorized use or breach of these Terms. 

7. Trademarks.

"GreenPan" is a registered trademark of The Cookware Company, Hong Kong. All trademarks, logos, website addresses, product or model names or derivations that describe GreenPan or GreenPan Affiliates, their products, support or services or that contain the word "GreenPan" that are included in site content (together, "GreenPan Marks") are trademarks and/or the property of The Cookware Company or GreenPan Affiliates. Any list of GreenPan (or other) trademarks on this site is periodically updated but shall not be taken as an all-inclusive list of GreenPan (or other) trademarks. Any use of GreenPan Marks or permutations thereof (except as expressly authorized by The Cookware Company in writing) is strictly prohibited. Other product and company names mentioned in this site may be the trademarks of their respective owners. 

8. No liability-user content and site use. 

The materials, information and opinions (which may include User content) included and/or expressed in or on Forums (or via any other means of accessing User content) are not necessarily those of (or endorsed by) GreenPan, other Sellers, GreenPan Affiliates or related entities. All User content should be considered expressions of opinion only and not statements of fact. GreenPan, the other Sellers, GreenPan Affiliates and any related entities disclaim all liability and responsibility arising from any reliance placed on such materials, information or opinions by any User or by anyone who may be informed of their contents. Any User content and/or Services you obtain or use, or convey through site use will be at your own discretion and risk and are subject to the disclaimers and liability limitations in these Terms. The security of this site and User content cannot be guaranteed. While GreenPan makes all reasonable commercial efforts to protect your personal information and privacy, it cannot guarantee the security of any information you disclose online. You make such disclosures at your own risk. Except in relation to personal information submitted by a User for the purposes of registration or opening or updating that User's account (in relation to which GreenPan makes all reasonable commercial efforts to protect your privacy), GreenPan and the other Sellers shall not be liable in respect of (and disclaim all liability in relation to) User content submitted to an area of the site designated as (or expected to be) a private, personal or limited access area of the site which becomes available to persons other than the User who submitted the User content. Similarly, GreenPan and the other Sellers shall not be liable in respect of (and disclaim all liability in relation to) any non-availability of User content submitted to an area of the site designated as a public area of the site or other Forums where Users other than the User who submitted the User content may gain access to such content. Neither GreenPan nor the other Sellers are under any obligation to become involved in any dispute that you have with other Users or in any incident that you are party to with other Users, or that are affected by or otherwise related to this site. GreenPan and the other Sellers disclaim all liability relating to any User content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User content and any other User content. GreenPan and the other Sellers disclaim all liability for unauthorized use (by other Users) of User content, and disclaim (without limitation) all liability for use of User content which breaches any copyright, trade mark rights or other intellectual property rights of any other User or person. User is solely responsible for any damage (including to site content) resulting from use (or submission) of any User content or the site (including disputes and incidents described in the preceding sections) and related transactions or occurrences. The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or otherwise.

9. Products, Services and Software.

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by The Cookware Company, GreenPan or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by The Cookware Company or GreenPan of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

10. Notice and Procedure for making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims below.

11. No Representations or Warranties

The Cookware Company and GreenPan make no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or The Cookware Company and GreenPan’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD THE COOKWARE COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." THE COOKWARE COMPANY AND GREENPAN DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COOKWARE COMPANY OR GREENPAN BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COOKWARE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

13. Orders Subject to Sales Tax; Shipping Terms

GreenPan™’’s online store is operated by Anotech (USA), LLC. Anotech (USA), LLC collects sales tax in all U.S. states except the four states that do not charge a sales tax: Delaware, Montana, New Hampshire and Oregon. The appropriate state sales tax will be added to your merchandise total and displayed for your review prior to confirming your order. The amount of sales tax collected for your GreenPan order is dependent upon a number of factors including: the location the merchandise ships from, the type of item, and the ultimate destination of the shipment. 

Orders to be shipped to states inclusive in the 50 states of the United States of America. GreenPan and The Cookware Company reserve the right to decline shipments outside of the United States and to PO boxes. To receive your shipment, one must provide their physical mailing address. 

14. How Sales Tax Is Collected 

If an item is subject to local and state sales or use tax, tax is generally calculated on its total selling price. In accordance with state and local tax laws, the total selling price of an item may include: item-level shipping and handling charges, discounts, and an allocation of order-level shipping and handling charges and discounts.

The tax rate applied to your order will generally be the combined state and local rate for the address where your order is approved or shipped. Therefore, the tax rate applied to your order may be different for an order shipped to your home address than it is for an order for the very same items shipped to your work address. 

15. Sales Tax on Gift Certificates

No sales tax is collected when purchasing Gift Certificates; however, purchases paid for with Gift Certificates may be subject to tax. 

16. Tax-Exempt Customers

If tax has been charged on any portion of your order and you need to take advantage of your tax-exempt status please review the following sections below. 

17. United States Government Purchasers

Sales tax does not apply to purchases made by the United States Government. In order to document that a sale has been made to the U.S. Government, we need to obtain a copy of one of the following:

  • Federal tax ID certificate
  • Certificate of exempt status
  • Photocopy of your qualified U.S. Government Credit Card (Smart Pay Card)
  • Government Vouchers

18. American Indian Purchasers

Sales tax does not apply to purchases made by American Indians who reside in Indian country and where the product is being delivered to Indian country. We need to obtain a copy of one of the following:

  • Tribal Identification Card
  • Letter from Tribal Council
  • Completed State Specific Tax Exempt Forms
  • A letter from the U.S. Department of the Interior

American Indian purchasers must also provide documentation that their delivery address is in Indian Country.

19. Other Exempt Purchasers

All other exempt purchasers need to provide us with a copy of one of the following:

  • Tax Exemption Card
  • Exemption Certificate
  • Other acceptable proof of your exempt status for the state where the items will be shipped

 

Note regarding state resale certificates: state resale certificates are not listed as acceptable proof of exempt purchases. At GreenPan™’s online store, we do not sell products wholesale (for resale), all sales are assumed to be consumed/used by the purchaser. If you have any questions regarding acceptable tax contact GreenPan™ Customer Service and (914) 372-7777.

After you've placed your order, please submit the necessary information by fax in order to receive a refund of any sales tax. Our fax number is (914) 372-7776.

Please include the following:

  • Your order number
  • Email address used on order
  • Acceptable proof of your exempt status (as outlined above)
  • The name of the organization that purchased the items (if applicable)

Mark your fax "Attn: GreenPan Tax Exempt"

For subsequent purchases, you will only need to send an email to ecomm.us@cookware-co.com with the order number and "Tax Exempt Request" in the subject line. We will verify your information is on file and process the refund.

20. Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this website. Despite any representations concerning privacy, GreenPan and The Cookware Company reserve the right to disclose without notice to you any information in their possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

21. Contact Information:

Questions about these terms and conditions may be directed to:

E-commTeam

Anotech (USA), LLC

660 White Plains Road

Suite 550

Tarrytown, NY 10591

Ecomm.us@cookware-co.com

Questions about our products should not be directed to this address and will not be replied to. For all other inquiries please email our customer service department at cs.us@cookware-co.com 

22. Procedure for Copyright Infringement Claims

Notification must be submitted to the following Designated Agent:

Service Provider(s): The Cookware Company

Name of Agent Designated to Receive Notification of Claimed Infringement:

Full Address of Designated Agent to Which Notification Should Be Sent:

Telephone Number of Designated Agent:

Facsimile Number of Designated Agent:

E-mail Address of Designated Agent:

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

23. GreenPanTM Guarantee Policy

Your GreenPan™ warranty is only applicable on defects in material or workmanship of the product and its non-stick coating under normal, non-professional use in accordance with the Care and Use manual of GreenPan™. If your product is found to be defective during the guarantee period, the original owner may return it to the relevant store. Please also be sure to include a return address, description of product defect, phone number and any other information pertinent to the product’s return.

Upon examination of the product by GreenPan™, if it is found to be defective, GreenPan™ will repair any faulty workmanship free of charge, while reserving the right to decide to replace the entire product, or if no longer available, a similar product.

Damage caused by misuse, accidents, abuse, overheating, commercial use and/or alteration of the product by end customer, is explicitly excluded from this warranty. This warranty does not cover stains, discoloration or scratches due to normal wear and tear. In no event shall this warranty give rise to any compensation for consequential loss.

This guarantee will only be considered valid upon presentation of dated proof of purchase, the guarantee card and the product purchased. Please retain the guarantee card along with your proof of purchase. The guarantee does not affect Consumer Statutory Rights within the EU. This guarantee gives you specific legal rights, and you may also have other rights that vary from state to state.

24. Jurisdiction and Choice of Law

The Cookware Company controls and manages this website from its facilities in the State of New York in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in New York in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

25. General

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. The Cookware Company and GreenPan reserve all legal rights and remedies available to them and this disclaimer shall in no way be deemed a limitation or waiver of any other rights The Cookware Company and/or GreenPan may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. All material on this site is subject to copyright. If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.