Terms and Conditions of Supply of Emma Swales Ceramics
1. Introduction
Emmaswalesceramics.co.uk (“site”) is owned and operated by Emma Swales, with our business address at 64 Woodmarket, Lutterworth, LE17 4DB.
Please read these terms and conditions carefully before placing an order. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase products on this site.
2. Changes to terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
3. Privacy policy and Acceptable use policy
Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy.
4. Products
We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site are approximate. Products are handmade and therefore unique. Products delivered and packaging may vary slightly from those images.
5.Acceptance of order
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Dispatch Confirmation). We are not bound by the Order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.
5.3 All orders are subject to availability and confirmation of the Order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
5.4 Orders cannot be cancelled once placed unless your cancellation is received within 1 hour of placement. Products can be returned unless otherwise stated and where they meet our Returns policy. (see clause 8)
6. Entire Agreement
These Terms, the Privacy Policy and the Delivery and Returns Policy, constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
7. Representations
7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, the Privacy Policy or the Delivery and Returns Policy.
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
8. Returns and Refunds
8.1 Cancel your order: you cannot cancel your Order once placed, unless your cancellation is received within 1 hour of placement.
8.2 To cancel a Contract in accordance with clause 8.1 above, you should email us at emmaswalesceramics@gmail.com. Please include details of your order. We will give you a refund including delivery charges.
8.3 Change your mind: you can change your mind once the Order has been despatched or when you have received the Product. If you intend to return the Product and cancel the Contract with us, you can notify us of your decision and receive a refund for the price you paid for the Products, but not the delivery cost. You should notify us of your intent to return the Product within 7 days of receiving the Products. You will be responsible for the cost of returning the Products to us. The refund will be processed as soon as possible and within 14 days after receiving the Products back from you in an unused, saleable condition and without damage.
8.4 If an item arrives damaged, please contact us within 3 days of receipt. Please include photos of the damage. We will replace the item at no extra cost. If the item is no longer in stock, we will offer a suitable alternative or a credit note. We may request that the Product is returned to us, in which case we will refund any reasonable costs you incur in returning the item to us as long as this does not exceed the amount you paid for the item to be delivered by us.
8.5 We do not offer an exchange or a refund on Products that are custom or personalised orders unless they are damaged or defective.
8.6 Refunds will be made to you on the credit card or debit card used by you to pay. We will refund you in vouchers if you used vouchers to pay for our Products.
b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning 07817 425633 or by e-mailing us at emmaswalesceramics@gmail.com.
9. Delivery
9.1 All individual items are shipped via Royal Mail or courier and if they are in stock they will be despatched within 1-3 days. If you order more than 2 items your order may be shipped via a courier – please contact us for a shipping quote.
9.2 If you order more than one item & part of your order is made to order, we will ship all items together when ready.
9.3 We only ship within the UK. If you would like to buy from outside the UK please contact us for a shipping quote. Any orders sent outside the UK are liable for import duties, taxes & handling charges, which you as a buyer, would be liable for.
9.4 If no one is available at your address to take delivery, the delivery service we use will leave you a note to rearrange delivery.
9.5 Delivery of an Order shall be deemed to be completed when:
(i) we deliver the Products to the address given by you;
(ii) a carrier organised by you to collect Products from us collects the Products from us;
and you will be responsible for the Products from that time.
9.6 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.
10. Price and delivery charges
10.1 Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
10.2 Delivery cost is not included in the price specified for a Product. It will be added to the due amount.
10.3 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products’ correct price is less than a price shown on our site, the lower amount will be charged. If the Products’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the Order with the actual higher price. If the error in price is obvious, unmistakable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.
11. Payment
Payment for Products is to be made in advance by credit or debit card. The Site accepts payments through Stripe Payments, PayPal and Apple Pay.
12. Limitation of liability
13.1 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
13. Circumstances beyond our control
13.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
13.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
13.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
13.4 you will be notified as soon as reasonably possible; and
13.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
13.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 8. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 12 weeks.
14. Miscellaneous
14.1 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
14.2 Each paragraph of these Terms is separate and distinct from another. If any court or relevant authority determines any of the paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
14.3 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
15. Contact Us
15.1 For any questions or queries you can contact us at 07817 425633 or email emmaswalesceramics@gmail.com.