Terms of Trade.
General
1. These terms are to be read in conjunction with our Privacy Policy found on this website.
2. Potters Clay Nelson (2023) Limited (“Potters Clay”) owns and operates this website, and is located at 7/3 Boxman Place, Annesbrook, Nelson 7011. If you wish to get in touch, please contact us via our e-mail address: info@pottersclay.co.nz.
Acceptance of Terms
3. When you access this website, you acknowledge that you have read and agree to the terms described below. If you do not agree to the terms discussed here, you should exit this website and refrain from placing any order(s).
Changes to these terms
4. We can change these terms at any time, without notice, by updating them on this website. The revised terms will take effect from the time they are published on this website. You have accepted the updated terms by continuing to use this website after the terms have been changed.
Price
5. Unless specified otherwise, all prices are in New Zealand dollars and include Goods and Services Tax.
6. Prices may increase or decrease from time to time.
7. You must pay by credit or debit. We accept Visa and Mastercard. However, we reserve the right to refuse to accept payment from you by credit card for any reason.
8. When you place an order and it is accepted by us, the order will supersede all previous quotes and / or estimates. We will confirm your order has been accepted by e-mail to you.
9. If you’re purchasing outside of New Zealand, you’re responsible for any additional taxes, levies, or other charges, please contact us directly so that we can arrange payment and transport with you.
Materials
10. You acknowledge that the products (and any material contained in the products) sold by Potters Clay are naturally occurring and as a result may vary in colour and quality from any sample, description, and/or photo. The products performance can be significantly impacted by external factors including, but not limited to, storage conditions, techniques employed, kiln types, and firing schedules and because of this we strongly encourage you to conduct thorough testing before using large quantities of the product(s).
11. You agree to hold Potters Clay harmless for any loss or damage resulting from your use of the products sold by Potters Clay.
Delivery
12. Delivery costs include a packaging and handling fee and will be calculated once you have input your name and delivery address and will be displayed at checkout. Alternatively, we may contact you to make other delivery arrangements.
13. Deliveries are dispatched between 9am and 5pm Monday to Friday (excluding Public Holidays).
14. Delivery times are estimates only.
15. Please ensure the accuracy of your shipping address as we will not be able to redirect the package once it has been shipped. In the event a package is unable to be delivered, we may charge an additional handling fee.
Returns
16. If an incorrect item has been shipped to you, we will, at our discretion, either replace the incorrect item, provide you with a refund for the incorrect item, or arrange an alternative solution directly with you.
17. If you receive a damaged item, you must notify us by e-mail, together with evidence of the damage, within 48 hours of receiving your order, and we will endeavour to resolve this with you.
18. We may request that you return any incorrect or damaged items to:
Potters Clay Nelson
7/3 Boxman Place
Annesbrook
NELSON 7011
Refunds
19. Once your order has been accepted, we are not required to provide a refund or exchange where you change your mind, your circumstances have changed, or you find cheaper products elsewhere.
Product Availability and Quantities
20. Product may be added to or removed from this site from time to time. From time to time products described on this site may not be available. While Potters Clay does not accept liability for any loss arising, every effort will be made to keep the information up to date and accurate. We reserve the right to limit quantities able to be ordered by you or delivered to you. If your online order is reduced in accordance with this clause, the price payable by you for that online order will be adjusted accordingly.
Cancellation by us
21. While we try to ensure that the price and description of goods or services is accurate, if there is an error with the listing of a product on our website, a technical error in the processing of your order, or unavailability of product, we reserve the right to refuse or cancel the order even if it had been accepted.
22. In such cases Potters Clay will refund, in full, all amounts you paid in respect of such error, or unavailable product.
Risk
23. Goods are at our risk until delivered to your nominated address, or in the case of an international address, until delivered to your shipping agent. We may deliver each item ordered separately if we choose for supply or other reasons. If this is the case, you will not incur any extra delivery cost.
Force Majeure
24. We will not be liable for any failure or delay in complying with any obligations imposed on us under these terms and conditions if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.
Disclaimer. Limitation of Liability and Indemnity
25. To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
a. errors, mistakes or inaccuracies on the website;
b. you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
c. personal injury or property damage of any kind resulting from your access or use of the website;
d. any unauthorised access to or use of the website’s secure servers; or
e. any interruption or cessation of transmission to or from the website.
26. Information on products and materials featured within this site are provided on the basis that Potters Clay is not liable for their suitability for use in your specific application. Potters Clay does not accept responsibility for the advice, recommendations, etc, contained herein.
27. To the extent permitted by law, we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of the products, your use of, or inability to use, the site, or any shipping delays. You agree to indemnify us against all liabilities, losses, (including consequential and indirect losses) claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use the products or your use of the site, or any breach of these terms.
Consumer Guarantees Act:
You acknowledge and agree that:
28. where the products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the products by Potters Clay; and
29. nothing in these terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms shall be read as modified to the extent necessary to give effect to that intention.
New Zealand Law
30. These terms are governed by New Zealand Law. If we have any issues which need to be resolved by a court, you agree to the exclusive jurisdiction of New Zealand courts.