Terms and Conditions
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Website Terms & Conditions
The following rules and regulations apply to all visitors to or users of the Potclays website. By accessing the website, the user acknowledges acceptance of these terms and conditions. Potclays Limited (hereinafter Potclays) reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Potclays reserves the right to seek all remedies available by law and in equity for such violations. These Rules and Regulations apply to all visits to the Potclays website.
Limited License
Potclays hereby authorises you to copy materials published by Potclays on the website solely for non-commercial use within your organisation. No other use of the information is authorised. In consideration of this authorisation, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Potclays or any third party.
All the contents on this site are protected by copyright except as specifically permitted herein, no portion of the information on this website may be reproduced in any form, or by any means, without prior written permission from Potclays. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.
Compliance with Applicable Laws; Export Control Laws
User access to our website is governed by all applicable laws. All information available on our website is subject to U.K. Control laws and may also be subject to the laws of the country where you reside.
Contract
The taking of payment from you by Potclays does not indicate that a contract has been formed between you and Potclays. By placing a telephone order or by completing and submitting the electronic order form including your payment details you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Payment will be refunded to you if your offer is later refused or rejected by Potclays.
Trademarks
The trademarks, logos and service marks ("Marks") displayed on our website are the property of Potclays or other third parties. Users are not permitted to use these Marks without the prior written consent of Potclays or such third party which may own the Mark.
Disclaimer
Although Potclays has attempted to provide accurate information on the website, Potclays assumes no responsibility for the accuracy of the information. Potclays may change the programs or products mentioned at any time without notice. Mention of non-Potclays products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
All information provided on this website is provided "as is" with all faults without warranty of any kind, either expressed or implied. Potclays and its suppliers disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice. Potclays and its suppliers shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this site or any Potclays product, damages resulting from use of or reliance on the information present, even if Potclays or its suppliers have been advised of the possibility of such damages.
Copyright
All pictures, material, code, intellectual property and descriptions are the property of Potclays. The gallery images are the property of the named artist. No material may be copied or used without the express permission of the relevant party.
Transmission of Personal Data
Except as required by law, Potclays will maintain the confidentiality of all personal information transmitted to Potclays by the user. Any feedback you provide at our website shall be deemed to be non-confidential and Potclays will have no obligation to protect such information and may use such information in any way it chooses.
Products and Services Availability
Because international information is provided at our website, not all products or programs mentioned will be available in your country. We welcome enquiries from overseas but due to import restrictions on some countries and freight costs we may not be able to supply certain overseas countries.
Links to Third Party Sites
The Potclays website may contain links to third party sites. Access to any other Internet site linked to our website is at the user's own risk and Potclays is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Potclays provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Access to Password Protected / Secure Areas
Access to and use of password protected and/or secure areas of our website is restricted to authorised users only. Unauthorised individuals attempting to access these areas of our website may be subject to prosecution.
Our Phone System
All of our phone calls are recorded for training purposes.
Delivery & Returns
Read our full Delivery & Returns information carefully here
Please note: Any free delivery promotions exclude clay bodies in the Economy Red category.
Limited-time offers and promotions
Please see our website for the terms and conditions for all recent offers and promotions. If you require online ordering support, please email us.
Gift vouchers and voucher codes
The face value of gift vouchers and voucher codes is gross (inclusive of VAT).
Examples:
- A £25 voucher code applied at checkout is worth £20.83 net (before VAT). Therefore, the minimum goods spend for the code to be valid is £20.83 net (excluding delivery charges).
- A £50 voucher code applied at checkout is worth £41.67 net (before VAT). Therefore, the minimum goods spend for the code to be valid is £41.67 net (excluding delivery charges).
- A £100 voucher code applied at checkout is worth £83.33 net (before VAT). Therefore, the minimum goods spend for the code to be valid is £83.33 net (excluding delivery charges).
General Conditions of Sale
These Conditions of Sale apply to goods and services sold by Potclays, or any of its subsidiary companies. Potclays goods are intended to be used by experienced, professional or trade users. The Consumer Contracts Regulations 2013 do not apply to commercial/B2B transactions.
Operation & Jurisdiction
Orders are accepted and goods and services supplied only in accordance with the terms of our Conditions of Sale as stated here unless specially varied by us in writing. Any conditions sought to be applied by the customer which conflict with these Conditions of Sale will be deemed and treated as is applicable. These Conditions of Sale shall be construed and operated in accordance with the English law and any contract incorporating these conditions shall be subject to the exclusive jurisdiction of the English courts. If any provision of these 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 Conditions and the remainder of the provision in question shall not be affected thereby.
Payment
Credit is allowed to Education Authorities and similar bodies only. Payment of credit accounts is to be made within 30 days of invoice unless otherwise agreed. Non-compliance may result in automatic withdrawal of credit facilities.
Interest on Overdue Accounts
If accounts are not paid within the specified period, we reserve the right to charge interest at the rate of 1.5% per month or part month on any amounts overdue.
Passing of Risk and Property
Risk or loss or damage to the goods supplied shall pass to the customer at the point of delivery. However, the goods remain the property of Potclays until paid in full.
Prices
a) Prices published online or quoted by telephone at point of order supersede those given in previous publications, correspondence or verbal communication and are subject to alteration without notice. All prices printed in catalogues, price lists, advertising material or elsewhere and including any stated verbally are intended for guidance only and unless otherwise agreed in writing, orders will be invoiced at prices ruling at date of despatch.
b) Quotations will be firm for 28 days unless otherwise stated.
c) Any error or omission in any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
d) Unless otherwise stated, all prices are net ex-works Stoke-on-Trent. Packing, carriage and VAT are extra.
Carriage
Where we have separately quoted for delivery, or the price of the goods specifically includes delivery, then the goods will be delivered at quoted cost and at our risk to the customer's premises (UK deliveries). Delivery will be to the nearest practicable point to the customer's premises (in most cases, kerbside). Unpacking goods and moving them into position is the purchaser's responsibility unless alternative arrangements have been agreed. Please bear this in mind especially if you have ordered a large/heavy piece of equipment as our carriers are unable to provide assistance beyond delivery to kerbside. Please see this link for further information. Although we make every effort to adhere to stated delivery times, we shall not be liable for the consequence of any delay, howsoever caused.
Split Orders
If an order cannot be fulfilled in its entirety and needs to be despatched as separate consignments, multiple delivery costs will be incurred unless otherwise agreed. We will notify customers of any order shortages prior to despatch.
Packing and Handling
Our goods are packed in non-returnable packaging, the cost of which is included in the product prices shown in the price list. Extra charges for the handling, packing and delivery of larger items e.g. the crating of kilns and machinery will be advised before despatch.
Descriptions, Specifications and Performance
a) All descriptions and specifications given in any written form or verbally are for the purpose of general guidance and no guarantee of any kind is to be implied by such information nor is it to form part of any contract.
b) Technical information and data regarding the properties of materials or the performance of machinery and equipment is based on the results obtained under our test conditions or upon data from manufacturing suppliers. It is given in good faith but no warranties or guarantee are to be implied unless given in writing for specific batches of materials or specific items of equipment.
c) We reserve the right without prior notice to discontinue any product or to make design changes or modifications as part of our continuous programme of product improvement, or to assist product availability.
d) Goods are offered on the basis that the Buyer will use them in accordance with the relevant safety standards, and that the Buyer has taken all reasonable measures to confirm their suitability for the Buyer’s own product and production methods.
e) Although we do our best to ensure that the colours displayed online or reproduced in any printed material are true-to-life, the actual colours may vary. Differences in monitors and the device you use to view the website will result in subtle differences in colour and textures. All colours shown are for guidance and information only. In line with our standard terms and conditions, it is the user's responsibility to test each batch of product before committing to full production.
f) Technical information/guidance is given in good faith by representatives of Potclays. Trial and error are a fundamental part of ceramic practice and there are an infinite number of variables from application to application. Any suggestions offered by Potclays must be user tested for suitability before full production is undertaken. We cannot accept any liability whatsoever for unsatisfactory results arising from advice given.
g) It is the responsibility of the end-user to ensure that their ware passes all applicable testing requirements. COSHH- the control of substances hazardous to health (COSHH) regulations 1988 require any user, be they employer or employee to be aware of the potential hazards presented by the substances with which they work. The regulations call for all users to review why and how they use these substances and emphasize the reduction or the removal of any risk arising from their use. We will send on request a manufacturer's health and safety data sheet for any product supplied as available.
h) None of our products are suitable for children under 36 months and children under the age of 16 should always be supervised whilst using our products.
Loss or Damage in Transit
Where goods are supplied on carriage-paid terms we will replace or at our option and at our expense make good any items or component part lost or damaged in transit provided that:
a) In the event of non-delivery customers must give notice to us in writing within fourteen (14) days after the despatch date given on our invoice or delivery note.
b) In the case of items damaged or missing, the carrier’s receipt must be endorsed appropriately and the customer must advise Potclays in writing before 17.00hrs the day after delivery. Wherever possible, consignments should be examined in the presence of the delivery driver and any damage immediately notified. If this is not possible, the delivery note should be signed as ‘Goods Unexamined’and thorough inspection arranged ASAP before the above-mentioned deadline to allow sufficient time to report any issues to Potclays. Please note that a ‘clear signature’ (i.e. signing for receipt of the goods without endorsement) denotes safe receipt and no responsibility can be accepted by the carriers or by Potclays for any damage or losses subsequently discovered.
Returned Goods and Handling Charge
Under the Consumer Contracts Regulations 2013, provided that Potclays is notified in writing within 14 days of delivery, products may be returned to us in an unused/resaleable condition within 28 days of delivery. You must include your full name and invoice number with the goods together with any relevant correspondence with Potclays. A tracked service must be used and the cost of return will be borne by the customer. Outside of the period stated above, an administrative charge will be levied of 10% of the net value subject to a minimum charge of £2.00 and contingent upon the resale/salvage value of the returned goods. Custom products or special orders (where the item is ordered in specially for the customer) are non-returnable unless faulty.
Faulty Goods
For goods returned because of some defect or due to some error on the part of Potclays, full credit will be given. Customers must contact us in the first instance to allow the ruling out of user error. We will ask you to supply full information regarding product batch and invoice number(s), making/firing methods, and photographs of the issues that you are experiencing. In the event of return, we will confirm arrangements for the safe transit or collection of the goods. Returns will only be accepted with a valid goods return number issued by our office.
Liability
We sell only on the condition that our liability is limited to the necessary cost of testing and exchange and that each consignment of materials is sample-tested by the end user before bulk use. As product performance is inextricably linked with correct storage methods then no allowance can be made for problems encountered with any materials after thirty (30) days from date of despatch.
Defects in any items or in any delivery constituting part of a contract shall not entitle the buyer to withhold payment or refuse delivery for the remainder of the contract. All warranties, guarantees and conditions other than those herein expressed or specially referred to whether implied by Common Law, Statute, Custom of the Trade or otherwise are hereby expressly excluded. This clause however does not affect the statutory rights of a customer who is a ‘consumer’ within the meaning of the Consumer Rights Act 2015. We shall not be liable for any defect in the goods arising from any drawing, design or specification supplied by the Buyer. We accept no liability in respect of any defect arising from fair wear and tear, negligence, wilful damage, abnormal working or storage conditions, failure to follow our instructions, misuse, alteration or repair of the goods without our approval. Subject to the terms of the Consumer Protection Act 1987 we shall not be liable for any consequence or indirect loss suffered by the Buyer whether this arises from a breach of a duty in Contract or Tort in any other way.
Kilns, Machinery and Equipment
We will repair or replace any defective article or part arising from faulty workmanship or material (fair wear and tear excepted) free of charge subject to the terms and conditions of the warranty for that article or part. Consumables/wear parts are explicitly excluded from any warranty (e.g., heating elements, contactors, relays, thermocouples.). Customers must read the instructions supplied with the article or part thoroughly before first use.
WEEE Regulations (Waste Electrical and Electronic Equipment)
B2C (Business to Consumer): In line with WEEE Regulations and by prior arrangement only, we operate a consumer take-back scheme when the customer purchases an equivalent new piece of equipment from Potclays. The customer is responsible for arranging logistics to our Stoke site, and for the cost of such. Some exclusions will apply e.g. where asbestos is suspected in older kilns.
B2B (Business to Business): Where goods are sold to a person/sole trader or entity operating as a business then we make the sale on the understanding that the WEEE disposal obligation passes to the business purchaser. In these cases, we take no responsibility for the proper disposal/recycling and associated costs.
Further information is available on request. Please email sales@potclays.co.uk.
Agents, Distributors and Subsidiary Companies
We reserve the right to pass on customers' orders to subsidiary or associate companies, officially approved agents, or distributors who will accept the order in accordance with these Conditions of Sale.
Trading Overseas
The Conditions of Sale printed here apply equally to goods supplied for delivery outside the UK unless by prior arrangement they are modified or specially excluded in writing. Additionally,
a) Export shipping prices cannot be calculated online currently. Overseas customers should complete the checkout process and submit payment in Pounds Sterling. Our team will be in touch as soon as possible to confirm the shipping cost and Incoterm. At this point the customer may either submit payment for shipping (required before despatch) or cancel their order for full refund.
b) With the exception of Northern Ireland, UK VAT is not applied to the invoice unless goods are requested to be supplied Ex-Works. In the latter case the U.K. VAT is refunded upon receipt of Proof of Shipment.
c) Customs, duty & taxes may be applicable and payable by the buyer. The amount of duty applied by the local tax authorities will vary by product type (commodity code) and country of origin.
d) Potclays prices are set in GBP (Pounds Sterling) and do not vary from country-to-country. Payments made or refunds given to non-UK bank accounts may result in additional transaction charges or foreign exchange differences which will be the responsibility of the customer.
e) Payment to be in Pounds Sterling on a ‘cash with order’ basis unless other facilities have been agreed. We accept overseas payments via BACS, Paypal, Credit or Debit Card. Bank details supplied on request.
f) Availability of insurance cover for goods-in-transit is dependent on the forwarder used and costs may vary. The level of insurance cover for palletised goods is dependent on the Incoterm applied and the service level quoted for. If a specific level of cover is required then please speak to us for a quotation at point of order.
g) Heat treated timber is required for all exports: Charges apply dependent on size/volume/nature of order.
