Terms and Conditions
1.1 The Company means Clay Creators Limited.
1.2 The Purchaser means any person, firm, company or organization who is trading with the Company.
1.3 Goods means the article(s) which the Purchaser buys or agrees to buy from the Company.
1.4 Working day means a day which is not a Saturday, Sunday or Bank/Public holiday in England or Wales.
1.5 SSP means Suggested Selling Price.
2.1 All orders are accepted subject to these Terms and Conditions of Trade unless otherwise specified and agreed in writing by the Company.
2.2 The Company has a policy of continuous product development and therefore reserves the right to alter specifications and designs without notice.
2.3 All goods ordered must be in the original quantity as specified in/on the catalogue/website.
2.4 The Company reserves the right to cancel orders for items unavailable or sold out and refund by credit note which may be redeemed for other goods or a refund.
2.5 The Company reserves the right to refuse any order where the Company believes the goods are intended for, or will be resold on, a marketplace website.
3.1 The price of the goods shall be the price currently being charged by the Company at the date of despatch of the goods, E. & O. E. plus delivery charges.
3.2 The Company reserves the right, on or at any time after the acceptance of an order and if not a ‘Free Delivery’ item, to charge the Purchaser the relevant delivery charge, or any outstanding proportion thereof, prevailing at the time of despatch of the goods, where the purchaser has not paid the relevant delivery charge for that order.
4 TERMS OF PAYMENT
4.1 Payment must be made with order unless otherwise agreed in writing.
4.2 The Company reserves the right to refuse any order or credit account application from the Purchaser at its discretion or to request a part payment. Credit account facilities are not available to private individuals.
4.3 The Company reserves the right to charge an administration fee, details of which are available upon request, and which may be varied from time to time, for processing dishonoured cheque and/or credit card payments, and such fee will be charged to the Purchaser together with any collection costs/court costs/legal fees incurred in obtaining payment.
5 OWNERSHIP OF GOODS
5.1 Ownership and title of any goods supplied remains with the Company until such time as the Company has received payment in cleared funds from the Purchaser of all sums of money outstanding.
6.1 All delivery times quoted are intended as a guide only. Whilst the Company will take all reasonable steps to ensure that estimated delivery times are met, the Company will not accept any liability whatsoever for delays caused by events beyond our control whether from carriers or suppliers or for any consequential loss of profit as a result.
6.2 Unless otherwise required, the Company may hold any order(s) where an item is out of stock until all items on that order(s) are available.
6.3 The Company reserves the right not to deliver orders if the Company believes the address is not secure e.g. to a communal postal address or P.O. Box.
7.1 All possible care has been taken to ensure that every item shown in/on the Company’s catalogue/website is accurately described. All sizes quoted in/on the catalogue/website are approximate.
7.2 The Company makes every effort to supply goods as illustrated, but items may be subject to deletion or substitution as and when necessary at the discretion of the Company.
7.3 The Company reserves the right to offer an alternative free gift of an equivalent value in the event that the advertised item is no longer available. Qualification for free gift is based on order value excluding delivery charges.
8.1 No liability is accepted for any loss or damage, however caused, resulting from the use of our products, whether for injury, profit or date loss. Every reasonable care is taken to ensure that products are suitable for the use intended and described accordingly.
9 RETURN OF GOODS/REFUNDS
9.1 Goods returned for refund or credit must be received by the Company in perfect saleable condition and in their original, undamaged packaging and in the original quantity as specified on the website, within 28 days of receipt. The Company will consider the overall condition of the goods being returned when making a refund and reserves the right to withhold a percentage of the refund value of returned goods if they are not in suitable condition for resale at their original price. The Company will not be liable for any carriage or costs incurred in returning goods unless they are defective or have been sent in error.
9.2 Refund or credit can not be given on Personalised Products unless the item is defective.
9.3 The Company makes every effort to process refunds as quickly as possible but refunds may take up to 30 days. No liability is accepted by the Company for any cost or charges incurred by the Purchaser which may arise due to a delay in processing a refund.
9.5 The Company recommends that proof of despatch is obtained for any goods returned in case of loss in transit.
10.1 Claims for shortage(s) or damage must be made in writing or by e-mail and received by the Company within 7 days of delivery of the goods. Although every effort will be made by the Company to rectify shortage(s) or damaged goods we do not accept any responsibility for consequential loss of profit.
10.2 Notwithstanding any other provision contained in these Terms and Conditions the Company shall have no liability whatsoever whether in contract, tort (including negligence) or otherwise for any incidental, special, indirect or consequential loss or damage including but not limited to loss of income, loss of profits or loss of opportunity, arising out of or in connection with the performance of its obligations under these Terms and Conditions, including such damages as may be reasonably foreseeable at the date hereof.
10.3 EU Online Dispute Resolution – Baker Ross take customer service very seriously, but on the odd occasion things can go wrong. If you’re not happy about anything, please contact us first, so we can resolve your issue swiftly. In the unlikely event we cannot resolve the issue, you can use the EU Online Dispute Resolution – https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
11.1 Any information or data supplied in leaflets, inserts or helpful hint sheets is meant as a guide only.
11.2 Catalogues are supplied free of charge to UK addresses only. However, for multiple quantities a charge may be levied. The Company reserves the right to amend this policy at any time.
11.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
12.0 GOVERNING LAW
12.1 The Governing Law is that of England and Wales.