Terms and Conditions
1) Information about us.
2) Your personal information
4) Price and delivery costs
5) Availability and delivery
7) Right to cancel (Right of withdrawal)
8) Refunds policy
9) Cancellation by us
10) Title and Risk
12) Events beyond our control
14) Law and jurisdiction
1. INFORMATION ABOUT US
We are a Limited Company manufacturing and supplying the Discus potters wheel range.
This site is operated by and the goods you purchase will be supplied by Pottery Products Ltd.
Our Office is at:
Pottery Products Ltd
8 Hazelbank Close
We are not VAT registered
You can contact us by email : firstname.lastname@example.org or by telephone 01730 300762 or write to us at the address given above.
Please note that our website (www.discuspotterswheels.co.uk) is provide ‘as is’ with no guarantees as to the level of functionality or accessibility at any time. Whilst we aim to ensure all information contained on the website is accurate, complete and up to date, details are subject to change without notice. Pottery Producst Ltd are not responsible for the content of external websites. All pictures and content used in our website are copyright Pottery Producst Ltd or their respective owners. Neither may be reproduced electronically or in hard copy without prior written permission.
2. YOUR PERSONAL INFORMATION
You may place an order to purchase goods advertised for sale on this site by following the on screen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking ‘Order with obligation to pay’ button on the checkout page. If you submit an order for goods via this site by clicking the above mentioned button, your order is an offer to us to buy the goods you have ordered on this site.
We will acknowledge receipt of your order by sending you an automatically generated e-mail accepting your order.
With this email the contract will be concluded.
Please check all details in this email are correct and advise us immediately if not using the contact details given above.
The contractual language is English.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
4. PRICE AND DELIVERY COSTS
Information displayed on our website relating to pricing is subject to change by us without notice, but those on the site at the time any order is placed will be the prices applicable to that order.
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on despatch. Unless otherwise stated, all prices include VAT (where applicable) but exclude delivery costs.
Delivery costs can be looked up on our web site.
They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.
5. AVAILABILITY AND DELIVERY
Information displayed on our website relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all or any products on this site. All orders are subject to availability at all times.
We deliver within the United Kingdom only unless otherwise agreed in writing for a particular order
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on our website. Delivery will be made according to the information on the product pages after your order is accepted. We will use reasonable endeavours to deliver the goods in accordance with your requirements and our product pages timescales or within 21 days after the date on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we will agree with you an alternative delivery date.
We are not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the carrier company as applicable to arrange for the collection or delivery of products that could not be delivered because you were unavailable.
We must receive payment in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing.
Payment for goods can be made by one of the following payment methods.
· Paypal account
· Credit or Debit card
· Bank Transfer
· Cash (collection only)
· Cleared Cheque
Payment for goods must be made in accordance with the procedures explained in the Shop pages. Your credit/debit card account will be charged following the submission of your order or for Electronic Bank Transfer you should make the transfer promptly and advise us by e-mail when you have done so.
7. RIGHT TO CANCEL
You have the right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments the 14 day cancellation period for the goods in your order begins on the day after you receive delivery of the last shipment to you. To exercise your right to cancel, you must inform us of your decision to cancel by phone, e-mail or mail using the contact details set out above. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
You must send the goods back to us to our address as given above at your own cost, (if we delivered the item to you in error or the item is damaged or defective we will refund the return carriage cost at an agreed rate) we would recommend sending ’tracked and insured’ to the value originally paid and without undue delay and in any event within 14 days of the cancellation.
8. REFUNDS POLICY
Following cancellation, we will refund you the price you paid for the cancelled order (or part of the order cancelled), less any return charges (if any). We will also refund any standard delivery charges initially paid on the order, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day:
· You notified us to cancel your order, where you have not received the goods (and the goods have not been despatched to you) or;
· We receive the goods you returned to us, where you are in receipt of the goods;
We will refund you using the same means of payment as you used to place your order unless otherwise agreed with you. We reserve the right to make a deduction from the amount of the refund for loss in value of goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We will withhold any refund until we have received the goods or you supply proof that we have received the goods. Without limiting your cancellation rights in Clause 7, if you are not satisfied with a product for any reason e.g. If it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us having contacted us in the first instance. Once we have received the returned products and confirmed the defect or other problem, we will:
· provide a full refund for any product that is not what you ordered;
· Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
· At your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question.
We will notify you of your refund via e-mail within a reasonable period of time.
We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund of the defective goods.
9. CANCELLATION BY US
· We reserve the right to cancel the contract between us if, for example:
. Payment is not received
· We have insufficient stock to deliver the goods you have ordered; or
· We do not deliver to your area; or
· One or more of the goods you ordered was listed at an incorrect price; or
· We are unable through unforeseen circumstances to fulfil your order.
If we do cancel your contract we will notify you be e-mail and will refund any payments made by you as soon as possible.
10. TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received cleared funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
To the extent not prohibited by law, we accept no liability for any:
· loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
· loss which arises when we are not at fault or in breach of these Terms and Conditions;
· business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption)
Nothing in these terms will affect any liability we may have:
(a) for fraudulent misrepresentation;
(b) for death or personal injury arising from our negligence;
(c) under Part 1 of the Consumer Protection Act 1987;
(d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or
(e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
12. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports and exports).
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, 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.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply as set out on our website. Please check our website to ensure you understand which Terms and Conditions apply.
14. LAW AND JURISDICTION
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.
Online Dispute Resolution
If you have a complaint with us that we fail to resolve satisfactorily with a reasonable timescale then you have a right of recourse to the Online
Dispute Resolution Service.
It is mandatory for us to provide the web link to the ‘Online Dispute Resolution’ information site.
Resolution Regulations 2015 (the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 as amended by the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015).