Kate Hackett Ceramics Terms of Use

By using my website and by placing an order for products electronically or verbally, you confirm your agreement to my Terms and Conditions.

Conditions

1. An order for products placed by you, the buyer, through my website, shall be subject to these terms and conditions.
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer Orders.
4. All orders for products shall be deemed to be an offer by you, the buyer, to purchase products pursuant to these terms and conditions
5. Should you wish to make a special order, you, the buyer shall be responsible for ensuring the accuracy of the details provided to me, and I will not be obliged to accept an order unless all details requested have been confirmed.
6. No order submitted by you, the buyer, shall be deemed to be accepted by me unless and until I confirm acceptance of your order by e-mail.
7. I am entitled to refuse any order placed by you and will not be required to provide an explanation Price and Payment
8. The price of the products will be the price quoted on the website at the date the order is received and will include delivery in the United Kingdom unless specified otherwise.
9. I reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the products to reflect any increase in the cost to me, which is due to any factor beyond my control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
10. In the unlikely event of there being such an increase in the price of the products you, the buyer, shall be entitled to cancel the order at any time before delivery.

Payment

11. When I provide any products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website, email order or over the telephone.
12. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided
13. Title to the products will pass to you, the buyer, on payment in full of the price of the products.
14. I will issue you with an emailed receipt to your email address once the transaction is completed and will send you a further email once the products have been dispatched.

Delivery

15. The products will be delivered to you, the buyer, at the address provided by you at the time of order.
16. The risk in the products shall pass to you upon such delivery taking place.
17. Any dates quoted for delivery of the products are approximate only and I shall not be liable for any delay in delivery of the products however caused. If however I am unable to deliver your products by the date quoted for delivery you, the buyer, shall be entitled to cancel the order at any time before delivery takes place.
18. I will only deliver to the United Kingdom.
19. I shall not be liable to you, the buyer, for incomplete delivery of the products however caused but will provide you with the outstanding products as soon as is reasonably practical. If however we have not delivered the outstanding products within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding products.

Return of products

20. If you wish to cancel your order for any reason you can do so up to 7 working days after receipt of the products. This is often referred to as your “cooling off period” and the 7 days commence the day after you receive the products. You must notify me within the “cooling off period” and this must be in writing – letter or email . A full refund will be made within 30 days of your cancellation following inspection of the returned product. It is the customer’s responsibility to return the item in perfect condition. The following terms apply:

  • All goods must be returned in their original condition and packaging (please take care when unpacking & repacking)
  • Do not return any products without contacting me in advance and obtaining a Returns Authorisation Number
  • Please enclose a covering letter explaining the reason for the return in full and quoting the Returns Authorisation Number
  • I cannot be held responsible for products lost in transit
  • I recommend that you send by registered post & retain proof of posting
  • Customers who have paid by credit card will have their accounts credited
  • I will not make refunds to a third party
  • Any damage or missing items will be charged for. Our carriage charge is not refundable

Your Warranty

21. You, the buyer, warrant that all details provided at the time of order for the purpose of purchasing the products are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the products

Limitation Of Liability

22. I will use all reasonable endeavours to carry out my obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond my reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
24.1.1 Act of God, explosion, flood, tempest, fire or accident;
24.1.2 War or threat of war, sabotage, civil disturbance or requisition;
24.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
24.1.4 Import or export regulations or embargoes;
24.1.5 Strikes, lock outs or other industrial actions or trade disputes;
24.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
24.1.7 Power failure or breakdown in machinery
If I am prevented from carrying out my obligations in the above circumstances, I will notify you in writing. If I am still prevented from carrying out my obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way I accept no liability to compensate you for any loss or damage caused by failure to perform
23. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) I do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the products
24. Except in respect of death or personal injury caused by our negligence, I will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.

Website

25. I will attempt to ensure that the information available on the website at any time is accurate. However, I will not be held liable for any errors or omissions. I will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
26. All drawings, photographs, descriptive matter and specifications of the products on the website are for the sole purpose of giving an approximate description of the products
27. I may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability

Intellectual property right and right to use

28. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in me. You are permitted to use this material only as expressly authorised by me.
29. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
30. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

General

31. I may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
32. If any provision of these terms and conditions is held by any competent authority to be invalid or un-enforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
33. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
34. The headings in this Agreement are for convenience only and will not affect their interpretation.