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.
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.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
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.
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.
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.
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.