1. Interpretation
In these Terms and Conditions (Terms), the following words and
phrases shall have the following meanings: "the Buyer"
means the person, firm or company who purchases the Goods from
the Company: "the Company" means MaryRose Young Pottery;
"Contract" means the contract between the Company and
the Buyer which shall be deemed to incorporate these Terms; "Goods"
means any goods agreed in the Contract to be supplied by the Company
to the Buyer; "Place of Delivery" means the place to
which the Goods are to be delivered. In these Terms, reference
to any statute or statutory provision shall be construed as a
reference to such statute or statutory provision as amended, modified,
re- enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all
other terms and conditions, including any such terms and conditions
that are purported to be included or applied by the Buyer. No
terms and conditions contained in the confirmation of order, purchase
order or other document of the Buyer will form part of the Contract.
3. Delivery Methods & Timing
At Mary Rose we make every effort to ensure your products arrive
quickly and safely. All packages are securely wrapped and will
need to be signed for on receipt of delivery.
Depending on size of order and delivery location we estimate
a 2-3 weeks delivery time.
Any dates specified by the Company for delivery of the Goods
are intended to be an estimate only. If no date is specified for
delivery of the Goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall
not be liable for any loss, whether direct or consequential, economic
or loss of profits or otherwise, arising directly or indirectly
out of any delay in the delivery of the Goods nor will any delay
entitle the Buyer to terminate or rescind the Contract unless
the delay exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery Ownership
in the Goods shall not pass to the Buyer until the Company has
received in full in cleared funds all sums due to the Company
in respect of the Goods and all other sums which are or may become
due to the Company from the Buyer on any account. Until ownership
of the Goods has passed to the Buyer, the Buyer shall: hold the
Goods on a fiduciary basis as the Company's bailee; store the
Goods separately from all other goods of the Buyer or any third
party in such a way that they remain identifiable as the Company's
property; not destroy or deface any identifying mark on the Goods
or their packaging; maintain the Goods in satisfactory condition
insured with the Company's interest noted on the policy and hold
any proceeds of such insurance on trust for the Company and not
mix them with any other money.
5. Price
The price for the Goods shall, unless otherwise agreed, be the
price set out on the date of delivery in the Company's price list.
The price for the Goods does not include carriage and insurance
which the buyer shall pay in addition. The buyer shall pay such
deposit as the Company shall direct.
6. Payment
Payment shall not be deemed to have taken place until the receipt
by the Company of cleared funds.
7. Warranties
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer
shall give written notice to the Company within 30 days of the
discovery of the defect and give the Company a reasonable opportunity
to inspect the Goods in question. The Company shall not be liable
for any breach of warranty if the Buyer makes any further use
of the Goods after giving such notice or alters or repairs the
Goods without the agreement of the Company. The Company's liability
under the warranty shall be limited to repairing or replacing
the Goods in question or refunding the price of such Goods.
8. Returns/Refunds Policy
In the unlikely event of a purchaser being dissatisfied with
a purchase on delivery, the following conditions of Return and
Refund apply:
The intention to return a purchase must be communicated be e-mail
within 48 hours of delivery.
Return of any goods must be dispatched freshly and properly re-packaged
and sent to (address) at the client's cost, and on safe return
within 7 days all undamaged goods will be subject to a 100% refund
less a 10% handling charge.
However if returned goods are spoiled, the refund amount will
be at the discretion of the management.
Refunds will only be made to the credit or debit accounts from
which the original purchase has been made.
9. Limitation of Liability
The Company's liability in contract, tort or otherwise arising
out of the subject matter of the Contract shall not exceed the
value of the goods and the Company shall under no circumstances
be liable to the Buyer for any consequential, indirect or economic
loss or damages.
10. Privacy Policy
MaryRose Young Pottery are totally committed to protecting the
privacy of our site visitors and customers. We will not disclose
information about our customers to third parties except where
it is a necessary part of providing a service to you - e.g. Arranging
for a product to be sent to you by post or courier.
What information
do we need from you?
To process your order, we need you to supply us with your name,
e-mail address and delivery address. We also ask you to supply
us with a telephone number so we can contact you urgently if there
is a problem with your order. Without this information, we cannot
process, fulfil your order and notify you of the status of your
order.
We will not rent or sell your name, address,
e-mail address, credit card information or personal information
to any third party without your permission. If you have purchased
from us, or have advised us of your e-mail address, post &
telephone we may occasionally update you on news and special opportunities
via e-mail, post & telephone.
Transactions
All credit transactions are processed through Optimal Payments,
one of the UK's leading card payment acquirer. Optimal Payments
ensures that all transactions are fully secure and that all communications
are protected by a host of innovative and established encryption
techniques, all of which are continually updated. Optimal Payments
transaction environment is regularly audited by the banking authorities
to ensure complete security.
Communication & Marketing
By providing MaryRose Young Pottery with your email, postal address,
telephone number you consent to receive communication from us
about our latest products and special offers which we think may
be of interest to you. This information will not be sold to a
third party.
What are Cookies?
A cookie is a small information file that
is sent to your computer and is stored on your hard drive. If
you have registered with us then your computer will store an identifying
cookie which will save you time each time you re-visit MaryRose
Young Pottery, by remembering your email address for you. You
can change the settings on your browser to prevent cookies being
stored on your computer without your explicit consent.
11. Force Majeure
If either party is subject to an event of Force Majeure, that
is circumstances outside its reasonable control, including but
not limited to war, fire, industrial disputes or civil commotion,
it shall notify the other and the first party's obligations under
these Terms shall be suspended until it notifies the other party
of the end of such event of Force Majeure.
12. General
If any part of these Terms is found to be void or unenforceable
by any Court of competent jurisdiction, such part shall be severed
from these Terms which will otherwise remain in full force and
effect. These Terms shall be governed by and interpreted according
to English Law and the parties submit to the exclusive jurisdiction
of the English Courts.
