Sales Terms and Conditions
1. THESE TERMS
Who we are. We are Potterycrafts Limited, a company registered in England and Wales with company number 02354827 and whose registered address is at Campbell Road, Stoke On Trent, Staffs, ST4 4ET ("we", "us", "our").
Consumer and business customers. These Terms apply, regardless of whether you are purchasing Products for your own personal use as an individual consumer or for use as part of a business (e.g. as a sole trader, company, or partnership). Where specific, additional conditions apply depending on your status as a consumer or a business customer, these are signposted in these Terms.
Changes to these Terms. We may vary or update these Terms from time to time. Whenever we do so, we will make these changes visible on this page and, where appropriate, will notify you of the changes. Changes to these Terms will not affect any active orders you have with us.
2. PRODUCTS AND ORDERS
Product availability. We aim to keep our online Product catalogue availability as up to date as possible. However, certain Products may not be available from time to time. We do not accept any responsibility for the non-availability of any Products viewed on our Website.
What happens if a particular Product becomes unavailable after you have placed an order? We will notify you as soon as possible and, if applicable, will issue a refund of any amounts already paid in respect of the unavailable Product(s).
Product images may vary depending on the device you are using. We make every effort to ensure that the images, size, and dimensions of our Products are accurately displayed on our Website. However, we cannot guarantee that every device will display these aspects of our Products in the same way. For this reason, images of our Products are for illustrative purposes only and Products may vary slightly from the images on our Website.
Orders and acceptance. By placing an order, you confirm your intention to purchase the selected Products. No order by you shall be deemed to be accepted by us unless and until confirmed by us. This will usually be via email.
Amending or cancelling your order prior to order confirmation. You may request an amendment or cancellation of an order at any time prior to us confirming that the order has been accepted. We shall, within a reasonable period following receipt of a request for amendment of an order, confirm whether the amendment is possible. If an amendment to an order is accepted by us, it may affect the delivery date for the Product. We will try our best to keep you updated at all times.
Amending or cancelling your order after order confirmation. Once an order has been accepted and dispatched, it is not possible to amend or cancel your order. If you are purchasing Products from us as a consumer, this does not affect your 14-day cooling off period right. For more information on your consumer rights, please refer to section 8 below.
Prices. When you view a Product on our Website, the headline price you see will be the total cash price of the Product. Unless stated otherwise, the price will include VAT but not potential local import taxes which you may be liable for.
Discounts. During certain promotional periods, we may offer discounts on selected Products. The terms of existing promotions will be provided on the relevant promotion page and will apply in addition to these Terms.
Where there is an error in pricing on our Website. We reserve the right to vary the price and specification of any Product advertised on our Website at any time to correct errors or otherwise reflect the correct price and/or any promotional discounts applicable to a particular Product.
What happens if there's a change after I've placed my order? If there is an error or change in the price or specification of a Product that is already the subject of an order by you, we will notify you as soon as possible with the option for you to (a) re-confirm your order at the corrected price and/or specification, or (b) cancel your order for a full refund.
4 . DELIVERY AND COLLECTION
Can I collect my Products? Yes. We offer both collection and delivery where possible. If you want to collect your order, you should contact us using the details set out here before placing your order.
What's the delivery process? We will use our reasonable endeavours to deliver the Product(s) to your chosen address within the delivery window specified at the point you place your order. Sometimes, it may be possible to collect your order.
What happens if there's a delay? Sometimes, things happen that are outside of our control that may have an impact on the delivery or collection timeframe for your order. Where possible, we will take steps to minimise the effect of the delay. You acknowledge that, where this happens, we cannot be held liable for any delays.
If the delivery or collection of your order is delayed by an event outside of our, or our delivery partner's control, then we will contact you as soon as possible to let you know. If the delay looks like it might be quite substantial, you may contact us to cancel your purchase and you will receive a refund of any amounts you have already paid.
What happens if I fail to take delivery? If you fail to take delivery of the Product(s) or fail to give us or our delivery partners adequate delivery instructions or a safe and suitable place to deliver the Product(s) at the time stated for delivery, we may contact you to arrange re-delivery of the Products at another time.
When might we assume you want to cancel your order? In the event that you fail to take delivery of a Product after multiple delivery attempts, we may treat this as a cancellation of your order under these Terms.
What happens if there are items I have ordered missing from my delivery? In the event that there are items missing from your order then please notify us within 30 Days of reciving the order so we can looking to matter and provide a remedy
International DeliveriesThe standard interational delivery charge for online orders Does Not include any documentation or customs clearance costs.
For interational web orderes weighing over 20kg we reseve the right to request additional delivery costs that we incure in the fulfillment of your delivery befor dispatch.
Costs for failed delivery attempts. We reserve our right to charge you for any costs incurred by us for failed delivery attempts and you agree to indemnify us against such costs in full.
5. INVOICING AND PAYMENT
Personal Use Customers
How and when should I pay? You will be requested to pay on our Website immediately before placing your order. Accepted methods of payment are set out on our payments page.
Pay at checkout. For each order, you may be able to pay immediately at the point of sale on our Website using a credit or debit card. Accepted methods of payment are set out on our payments page.
Pay by arrangement. By arrangement, we may also agree to other methods of payment and invoicing terms.
What happens if you fail to pay invoices on time? If you fail to pay any invoice in accordance with agreed invoicing terms, then we shall be entitled to (a) set off the debt against any sums owed to you by us, (b) charge interest on the overdue amount to accrue on a daily basis from the date of the invoice until the date of payment at a rate of two (2%) percent per annum above the prevailing Bank of England base rate, (c) suspend the delivery of any further Products until payment of the outstanding invoice is made, and (d) repossess the Products.
6. RISK AND TITLE
Personal Use Customers
Risk and ownership to the Product(s) shall pass to you upon delivery.
Risk, ownership and payment. Risk in the Product(s) shall pass to you upon delivery. Ownership in any Product shall not pass to you until we have received the price for that Product in full and cleared funds.
Ownership in the Products before we receive payment in full. Until such time as the ownership in any Product passes to you, you shall hold the Products on a fiduciary basis as our bailee and shall at your own expense make the Products available to us and allow us to repossess them.
You hereby grant to us, our agents and employees, an irrevocable licence to enter any premises where the Products are stored in order to repossess the Products or inspect any Products which remain our property.
You shall not and shall procure that none of your employees or agents, pledge or in any way charge by way of security for any indebtedness any of the Products which remain our property.
You agree to indemnify us in full against all losses, costs, and expenses incurred or paid by us in recovering any Product in the event of non-payment of the price for that Product in accordance with these Terms.
7. WARRANTIES AND LIABILITY
On our Website, we sell both Products manufactured by ourselves and Products manufactured by others (where we act as distributor).
Where can I find applicable warranty terms? Certain Products come with the benefit of manufacturer and/or additional warranties. Details of the terms and conditions of any such warranty are available on our Website and will otherwise be included with your Products when they are delivered.
What happens to my warranty if I don't handle the Products correctly? You should always take the time to read your warranty conditions in full. If you fail to use the Products in accordance with their user instructions, or try to make changes to them, this may invalidate your warranty.
Exclusion of other warranties. Save for those which are expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. This does not affect your consumer rights, if you are purchasing Products from us for personal use.
Personal Use Customers
Things we are liable for. If we breach these Terms, we are responsible to you for any loss or damage you suffer that is a foreseeable result of our breach or our failure to take reasonable care and skill. Nothing in these Terms excludes limits (or is intended to exclude or limit) our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) breach of your legal rights in relation to your purchase of your Products.
Validity of Product warranty. We shall be under no obligation or liability to honour any Product warranties if the price for the Product(s) is not paid in full, cleared funds or is overdue for payment to us. Upon our receipt of late payment, the warranties shall be deemed to be effective from the time of delivery of the Product.
8. RETURNS AND REFUNDS
Our approach to returns and refunds for Products purchased on our Website differs, depending on whether you are purchasing for personal or business use.
Personal Use Customers
What should you do if there's something wrong with the Product(s) you ordered? If you discover a fault with any of the Products you have ordered or you believe that they do not meet the specifications advertised on our Website, you should report this to us as soon as possible and we will discuss the rights and remedies available to you. Please note that, delaying your reporting of any faults or issues with a Product may affect the remedies available to you.
What if you change your mind about your purchase? Where you buy a Product through our Website, you have fourteen (14) days to change your mind and cancel your purchase. This 14-day period is sometimes referred to as the 'cooling off' period. The cooling off period starts the day after the day on which you receive the Product in question and finishes fourteen (14) days after this date, unless that day is a Saturday, Sunday, or public holiday in England; in which case, it will end the next working day thereafter.
Do I need to give a reason for cancelling? No. You do not need to give us a reason for cancelling your purchase. You simply need to get in touch with us and let us know that you wish to cancel your agreement with us for the supply of the Product(s). You can use the model cancellation form set out below for this, but it is not obligatory.
Model cancellation form.
(Complete and return this form only if you wish to withdraw from the contract)
To: Potterycrafts Limited, Campbell Road, Stoke On Trent, Staffs, ST4 4ET, email@example.com
I hereby give notice that I cancel my contract of sale of the following goods: [insert]
Ordered on [insert]/received on: [insert]
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Your right to cancel your purchase set out above is subject to the following conditions:
- You must return the Product to us in the condition it was in at the time it was originally handed over to you. This means in the same technical, working condition (e.g., for kilns) and with no cosmetic damage.
- We will agree a date and time for collection or return (as applicable) of the Product(s) with you, which will be no more than 14 calendar days from the notification by you of your cancelling the agreement between us.
- We will inspect the Product(s) at the time of return and we reserve the right to deduct from your refund any amounts required to return the Product(s) to the condition they were in at the time of delivery to you or collection by you.
- All documentation provided with the Product(s) at time of delivery (e.g., user manuals) must be returned at the same time as the Product. We reserve the right to deduct any costs incurred by us to replace non-returned documentation from the amount refunded to you.
- You must be a consumer customer. Business / trade customers do not qualify for the right to cancel their purchase under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
What happens about returning the Product(s)? If you exercise your right to cancel, the following shall apply to the return of the Product(s) to us:
- If we delivered the Product(s) to an address provided by you, we shall collect the Product(s) from you at the same address (unless agreed otherwise) at no additional cost.
- If you collected the Product(s) from us, it shall be your responsibility to return the Product(s) to us (unless agreed otherwise) and you shall be responsible for all costs incurred in returning the Product(s) to us.
How and when will you receive your refund? All refunds will be made to the same card or account that was used to pay for your Products. Refunds will be made within 14 days of us receiving your Products in return.
9. PRODUCT RECALLS
What is a product recall? Unfortunately, sometimes, certain Products may have to be recalled from the market for health and safety or other reasons. For example, if required by request, court order or other directive of a governmental or regulatory authority.
What to do if there's a product recall? If we notify you that a certain Product is subject to a product recall, you agree to provide us with such assistance as we might reasonably require to recall or withdraw the affected Products from the market.
10. YOUR ACCOUNT WITH US
Before proceeding with your order, you must create an online account with us.
What details do we require? When creating your online account, you will be asked to provide some basic personal details such as name, telephone number, email address, and password. Once you have created an account, you will be able to update your personal details using the online portal on our Website.
You must keep your details secure. You are responsible for keeping your password secure and we ask that you do not share it with any other person. We cannot be held responsible for any misuse of your online account as a result of you having shared your username or password with others. If you think that your account may have been accessed without your authority, you must tell us as soon as possible. We may take measures to suspend or terminate your account if we become aware of or suspect any misuse or unauthorised access.
Payment security. Where you make any payment on our Website in connection with any order, we use a secure third-party payment provider, ensuring that your payment card information is kept secure.
Checks we might carry out. We may carry out some basic checks on your company in certain circumstances; for example, where we offer you deferred payment terms. For example, we might check your company details on Companies House.
11. HOW WE CAN CONTACT EACH OTHER
How you can contact us.
- For queries about your order, please contact: firstname.lastname@example.org
- If you have any feedback about our Website: We are always looking to improve our Website's accessibility and presentation so that it is available to as wide an audience as possible. If you have any feedback that might help us in this regard, we encourage you to get in touch via our online contact form, available here.
- If you have any complaints about your order: We ask that you follow the complaints procedure set out below.
12. YOUR DATA AND PRIVACY
When you use our Website, create an account with us, or proceed with an order, we will collect and process certain personal information from you. We may also share the personal information you provide to us with certain third parties for the purposes described in these Terms (e.g., to provide delivery, support with warranty registration, or process payments).
13. FORCE MAJEURE
Neither party shall be liable to the other or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms, if the delay or failure is beyond that party's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party's reasonable control, without limitation an act of God, explosion, flood, fire, accident, epidemic or pandemic, war, civil disturbance, strikes, lockouts or other industrial actions, power failure or breakdown in machinery, interruption or failure of a utility service.
14. IN CASE OF ANY DISPUTE
In the event that you have a complaint about your order, we encourage you to contact us with details of your complaint as soon as possible. You can contact us by emailing email@example.com. Alternatively, if you would prefer, you can speak to us over the phone by calling +44 (0)1782 745000. You may also write to us at the address set out at the beginning of these Terms.
15. OTHER IMPORTANT TERMS
Entire agreement. These Terms constitute the entire agreement and understanding between us and you for each order and you acknowledge and agree that these Terms shall govern the supply of each Product by us to you to the exclusion of any other terms and conditions, whether oral or written.
Enforceability of terms. If any condition or part of these Terms is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from these Terms and will be ineffective without (as far as is possible) modifying any other provision or part of these Terms which will remain in full force and effect.
Rights of third parties. The parties to these Terms do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
Governing law and jurisdiction. Though we supply Products to customers all over the world, we are a UK-based company. Accordingly, these Terms are governed by the laws of England and you acknowledge that the English courts will have exclusive jurisdiction over any disputes arising from or in connection with these Terms.