1. Definitions

Contract: The contract incorporating these Terms and Conditions between us and you for the sale of the Goods.

Goods: Pottery supplies and such other products from time to time which we are supplying to you.

Order: Your order for the Goods either on-line, facsimile or telephone, in person or in writing.

Price: The price for the Goods as quoted on our confirmation of Order including Value Added Tax and any carriage, packaging and associated costs.

2. Basis of Contract

2.1 These Terms and Conditions shall form the basis of the Contract between us and you in relation to the sale of Goods, to the exclusion of all other terms and conditions which you may seek to impose or incorporate by any document or confirmation of order, or which are implied by trade, practice, custom or course of dealing. Please check that the details in the Terms and Conditions or on the Order are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing. Please ensure that you read and understand these Terms and Conditions before you submit the Order, because you will be bound by the Terms and Conditions once a Contract comes into existence between us.

2.2 An Order for Goods shall be deemed to be an offer by you to purchase Goods from us pursuant to these Terms and Conditions. You shall ensure that the terms of the Order are complete and accurate.

2.3 An Order shall only be deemed to be accepted when we issue a written acceptance of the Order, at which point the Contract shall come into existence.

2.4 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of your acceptance of these Terms and Conditions.

2.5 These Conditions represent the whole of the agreement between us and you but we reserve the right to revise and amend these Terms from time to time.

3. Payment and Interest

3.1 All online transaction information is encrypted using 128-bit SSL certificates. No cardholder information will pass unencrypted and we will not see card details when an order is placed online. None of your personal information can be examined, used or modified by any third parties attempting to gain access to sensitive information.

3.2 If the purchase of Goods is on-line, payment of the Price shall be made at the point of purchase through the secure payment system on our website.

3.3 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.

3.4 For agreed account holders, payment of the Price shall be due within 30 days of the date of our invoice. We reserve the right to withdraw agreed account facilities.

3.5 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 4% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgement. 3.6 You shall pay all accounts in full and not exercise any rights of set-off, counter-claim or abatement against invoices submitted by us. 3.7 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.

4. VAT

4.1 Value Added Tax is charged at the UK standard rate on all items delivered to a UK address. Customers in the EU will only be exempt from VAT if a company VAT number and trading address is supplied. Sales outside the EU are exempt from VAT but import tax may be charged by the local Customs office. All books are zero rated for VAT.

5. Goods

5.1 The quantity and description of the Goods shall be as set out in your confirmation of order.

6. Warranties

6.1 We warrant that on delivery the Goods shall:
6.1.1 conform in all material respects with the manufacturer’s specification;
6.1.2 be of satisfactory quality;
6.1.3 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods; and
6.1.4 be free from material defects in design, material and workmanship.

6.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to these Terms and Conditions.

6.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

6.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

6.5 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms.

6.6 We give no additional guarantee on any product other than the guarantee issued by the manufacturer.

7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the location set out in the Order or as the parties may agree. You shall make all arrangements necessary to take delivery of the Goods.

7.2 When an Order is received before 1:00pm we will take all reasonable steps to dispatch the Goods on the same day and deliver them within our quoted timescale, but do not guarantee to do so.

7.3 Time of delivery shall not be of the essence in this Contract. We will aim to deliver goods within the quoted delivery times. If the goods are not delivered within the delivery time quoted, you should contact us by email.

7.4 We shall not be liable to you for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.

7.5 If short delivery does take place, you undertake not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.6 Boxed orders will usually require the customer to be present to accept the goods. If you fail to take delivery of the Goods within a specified timescale, we shall be entitled to charge you the reasonable costs of re-delivery.

7.7 Delays around Christmas and Bank Holidays are normal. However, we will try to ensure that you receive your order as quickly as possible.

8. Acceptance of the Goods

8.1 You shall be deemed to have accepted the Goods 48 hours after delivery.

8.2 You shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to us within 5 days of delivery of the Goods of any defects which a reasonable examination would have revealed.

8.3 Where you have accepted, or have been deemed to have accept, the Goods, you shall not be entitled to reject the Goods except as provided by this Contract.

9. Title and Risk

9.1 Risk shall pass on delivery of the Goods to your address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with us and shall not pass to you until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes you shall hold the Goods as bailee for us and shall store or mark them so that they can at all times be identified as our property.

9.4 We may at any time before title passes and without any liability to you:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate your right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by you and inspecting them) enter any premises of or occupied by you. and
9.4.3 we may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.

10. Limitation of Liability

10.1 We will not be responsible for any loss sustained by you over and above the value of this Contract.

10.2 We will not be responsible for any losses resulting from your use or the inability to use our website or resulting from unauthorised access to, or alteration of its transmissions or data in circumstances which are beyond our control.

10.3 We will not be responsible for your loss of profits, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something you have done wrong.

10.4 You will be responsible if you use this website in breach of these Terms and Conditions and will reimburse us for any loss that is caused to us as a result of this misuse.

10.5 We are not responsible to you if we are unable to provide our usual internet services for any reason beyond our control.

10.6 All products supplied from our website will be checked before shipping. Our goal is to satisfy you 100%. The time and effort to individually check each product is an important part of achieving that goal.

11. Carriage of Goods

11.1 Carriage will be chargeable on all qualifying sales. All packing and carriage charges including surcharges are listed in the information section of this website. Oversize or large sheets of extremely delicate glass may have to be sent on a pallet and will incur an additional charge.

12. Returns and Cancellation

12.1 If you are dissatisfied with the Goods then you should contact the Company on 01934 863040.

12.2 In accordance with the Distance Selling Regulations, you can cancel an order in writing within 14 days of delivery if boxed with all original packaging. The product should be unused and in perfect condition, whereby a refund will be provided less the costs of carriage.

12.3 Returned goods should be sent by registered post or carrier. Goods which are returned to us outside of 14 days will be charged a restocking fee of 30% of the cost of the item with a minimum fee of £10.

12.4 The goods must be sent back at your cost and arrive at our warehouse without damage and in a condition which we can resell the goods.

12.5 In the unlikely event that the Goods do not conform to these Terms and Conditions and are declared faulty within 30 days of purchase, and once we have checked that the Goods are faulty, we will:
12.5.1 provide you with a full refund; or
12.5.2 replace the Goods.
12.5.3 We will also refund the cost of return postage.

12.6 If the Goods do not conform to these Terms and Conditions and are declared faulty after 30 days and within 6 months of purchase, and once we have checked that the Goods are faulty, we will:
12.6.1 provide you with a full or partial refund; or
12.6.2 replace the Goods; or
12.6.3 repair the Goods.
12.6.4 We will also refund the cost of return postage.

12.7 If you need to cancel an order for a high-value product that we do not hold as stock (e.g. a pottery kiln), a cancellation fee could be charged by the manufacturer as the item may have been made to order. The cost of cancellation would vary dependent on how far your order has progressed. All costs from our supplier and further potential admin fees from ourselves will be deducted from the refund/credit owed to you.

13. Safety

13.1 All goods supplied by us are sold on the understanding that you will use them in accordance with relevant safety standards.

14. Privacy Policy

14.1 We will deal with personal information securely and respectfully All online transaction information will be encrypted using 128-bit SSL certificates. No cardholder information will be passed unencrypted and we will not see card details when an Order is placed online. We will ensure that none of your personal information can be examined, used or modified by any third parties attempting to gain access to sensitive information. We will shred any personal information written during telephone orders.

14.2 To process an Order, we will need your name, billing address, phone number, email address and credit card information. We will use this information to process the Order and, if any questions should arise, will contact you about your Order.

14.3 If we need to contact you, we will contact you via email first. If unsuccessful (or time is critical), we will try to contact you by telephone.

14.4 Any information provided by you will be used for the purposes of your Order only. However we reserve the right to provide your name and delivery address to third parties that are involved in processing the Order or for delivering specific services to you (for example, the financial institution that issued its credit card or the courier that delivers the Order).

14.5 Your information will not be shared with individuals or other companies (such as direct mail organisations or other third parties) unless required by law.

14.6 You should help us update and maintain the accuracy of any of our personal information by using the account profile pages or notifying us of any changes of address, title, telephone number or e-mail address.

15. Cookie Information

15.1 Cookies are small bits of text used by a browser to store information on our computer hard drive. Each cookie can only be read by the web server that originally issued it.

15.2 Cookies cannot profile your system or collect information from your hard drive. Most on-line retailers use cookies.

15.3 We use cookies to show whether you are a prior customer and therefore will not need to re-enter certain information every time you shop on our website. We will not use cookies to store credit card numbers, address information or any other personal information.

17. General

17.1 We will endeavour to respond to complaints within 48 hours.

17.2 We may change or withdraw any part of our website, or may refuse a Customer access to the website at any time if we consider this is necessary.

17.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control.

17.4 If any court decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable, the Term will, to that extent only, be severed from the remaining Terms and Conditions.

17.5 If we waive a default by you under these Terms and Conditions that will not mean that we will automatically waive any subsequent default by you.

17.6 A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

17.7 These Terms shall be governed by English law.

17.8 These terms are here to help us treat you fairly. If you have any recommendations for us or need these terms explained, please contact us by e-mail.

Registered Office:
Hot Clay Ltd, Unit 3 Havyat Road, Wrington, Bristol, BS40 5PA
Reg No 05365166
VAT No 791 3501 32