2.2 These Terms constitute the entire agreement between You and Us and govern Your use of the Site superseding any prior agreements between You and Us
2.3 You agree that no joint venture partnership employment or agency relationship exists between You and Us as a result of Your use of the Site and therefore acceptance of these Terms
2.4 We may collect information on what pages are accessed or visited by You and information volunteered by You such as Your contact details and/or any site registrations. We may use this information for internal review and in order to improve the Content of the Site
2.5 Where We collect information from You via Your access and use of the Site and You voluntarily submit to Us such information while using the Site Our use of Your information will be governed by these Terms. Please read these Terms carefully before using the Site
2.6 If You do not agree to all of these Terms You may not use the Site which is owned and operated by Us
2.7 If You have any comments suggestions or questions about these Terms and/or the Site and/or Us generally You can contact Us by sending an e-mail to firstname.lastname@example.org or by writing to Trevor Dyer Ceramics at the above address.
2.8 Your obligations with which We require you to comply and conduct whilst using this Site which We deem acceptable is set out in Our Acceptable Use Policy
2.9 If any provision of these Terms is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
3. INTELLECTUAL PROPERTY:
3.1 The Content appearing on the Site is displayed for personal non-commercial use only
3.2 All software used on the Site and all Content included on the Site (including without limitation site design text graphics audio and video the selection and arrangement thereof and the underlying source code) is Our property or that of Our suppliers and is protected by international copyright and other applicable laws
3.3 All trademarks service marks and logos used on the Site from time to time are the trademarks service marks or logos of their respective owners
3.4 None of the Content may be downloaded copied reproduced republished posted transmitted stored sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal non-commercial home use only provided that all copyright and proprietary notices are kept intact
3.5 Modification of any of the Content or use of any of the Content for any purpose other than as set out herein including without limitation on any other website or computer network is prohibited
3.6 If You breach any of the Terms of this legal notice Your permission to use the Site automatically terminates and You must immediately destroy any downloaded or printed extracts from the Site
3.7 Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to email@example.com
3.8 We have made every effort to secure where appropriate licenses and clearances for all third party intellectual property used on the Site. You may notify Us of alleged intellectual property rights infringement by contacting us via e-mail at firstname.lastname@example.org
3.9 The details of the information provided by You when completing forms on this Site are provided to Us by You. We cannot and do not verify the details and therefore make no warranties or representations as to their accuracy or completeness. You rely on the accuracy of the information that You submit via this Site at Your own risk.
4. LINKS TO THIRD PARTY WEBSITES:
4.1 The Site may from time to time include links to third party internet websites which are controlled and maintained by others. These links are included solely for Your convenience and do not constitute any endorsement by Us of the websites linked or referred to nor do We have any control over the content of any such websites
4.2 We have not reviewed all of these third party websites and do not make any representations regarding the availability or content or accuracy of materials on such websites. If You decide to access third party websites through links on the Site You do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites
5. WARRANTY AND LIABILITY:
5.1 Whilst We endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, We do not warrant that such material will be free from infection, viruses and/or similar code.
5.2 Due to the nature of software and the internet, We do not warrant that Your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if We cannot process Your details due to circumstances beyond Our reasonable control.
5.3 The information provided on this Site is for general interest only and does not constitute specific advice. Whilst We endeavour to ensure that the information on the Site is accurate, complete and up-to-date We make no warranties or representations that this is the case.
5.4 We make no warranty or guarantee that the Site or information available on it complies with laws other than those of England.
5.5 Nothing in these Terms will be deemed to exclude Our liability to You for death or personal injury arising from Our negligence, or for fraudulent misrepresentation.
5.6 Subject to clause 5.5, We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond Our reasonable control.
5.7 Subject to clause 5.5, We do not accept any liability for loss of Your password or account ID (as may exist from time to time) caused by a breakdown, error, loss of power or otherwise caused by or to Your computer system.
5.8 We may put in place such systems as We from time to time see fit to prevent automated programs being used to obtain unauthorised access to Our system and this Site. You are not permitted to Use automated programs for such purposes and any such Use or attempted Use by You of such automated programs is at Your own risk. Subject to clause 5.5, We shall not be liable to You for any consequences arising out of or in connection with any such use or attempted Use of automated programs to obtain unauthorised access to Our system or this Site.
5.9 Subject to clause 5.5, We accept no liability for any loss suffered as a result of Your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
5.10 Subject to clauses 5.5 to 5.8 inclusive, We shall not be liable to You for:
5.10.1 any indirect, consequential, special or punitive loss, damage, costs and expenses;
5.10.2 loss of profit;
5.10.3 loss of business;
5.10.4 loss of reputation;
5.10.5 depletion of goodwill; or
5.10.6 loss of, damage to or corruption of data.
5.11 If You are a consumer this legal notice does not affect the legal rights which You have under law which cannot be excluded or limited. If You want to know what these rights are You should contact Your local Citizens Advice Bureau
6. YOUR ACCOUNT AND REGISTRATION:
6.1 If from time to time We offer and You have an account with Us then You are responsible for maintaining the confidentiality of this account ID and any related passwords for Your restricting access to Your computer and/or account. You agree to accept responsibility for all activities that take place under Your account ID and/or passwords. You will notify Us immediately of any unauthorised use of them or any other breach of security of this Site of which You become aware.
6.2 At Our discretion we may refuse Your application for registration. If We accept Your application for registration, we will confirm this by sending You an email containing your account ID.
6.3 Each registration is for a single user only. You may not share Your username and password with any other person nor with multiple users on a network.
6.4 You undertake that all information provided by You for the purposes of registering with us is accurate and complete.
6.6 We and designated third parties shall be free to copy disclose distribute incorporate and otherwise use such material and all data images sounds text and other things embodied therein for any and all commercial or non-commercial purposes
6.7 In accordance with and without prejudice to our Acceptable Use Policy You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening defamatory obscene indecent seditious offensive pornographic abusive liable to incite racial hatred discriminatory menacing scandalous inflammatory blasphemous in breach of confidence in breach of privacy or which may cause annoyance or inconvenience or
(b) for which You have not obtained all necessary licences and/or approvals or
(c) which constitutes or encourages conduct that would be considered a criminal offence give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in the United Kingdom or any other country in the world or
(d) which is technically harmful including without limitation computer viruses logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data or
(e) which facilitates Your misuse of the Site including without limitation hacking
6.8 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions
7. TERMINATION/BARRING USERS FROM THIS SITE:
We reserve the right to bar You from this Site and/or restrict or block Your access or use of any and all elements of our services, including without limitation terminating Your use of Your password and/or account ID, on a permanent or temporary basis at Our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
8.1 The Site may contain advertisements by third parties and these advertisements may contain links to other websites
8.2 Unless otherwise specifically stated We do not endorse any product or service or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site
9.1 You agree to indemnify and hold Us Our officers employees agents consultants franchisees and suppliers harmless from and against any claims actions or demands liabilities and settlements including without limitation reasonable legal and accounting fees resulting from or alleged to result from Your use of the Content of the Site in a manner that violates or is alleged to violate these Terms
9.2 We shall provide notice to You promptly of any such claim suit or proceeding and shall reasonably co-operate with You at Your expense in Your defence of any such claim
10. FORCE MAJEURE:
We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site resulting directly or indirectly from any cause or circumstances beyond Our reasonable control including but not limited to failure of equipment or communication lines telephone or other interconnect problems computer viruses including logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data unauthorised access theft operator errors severe weather earthquakes or natural disasters strikes or other labour problems wars or governmental restrictions
11. ACCESS OUTSIDE ENGLAND:
11.1We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries
11.2If You access the Site from outside England You do so at Your own risk and are responsible for compliance with the Laws of Your jurisdiction
11.3Recognising the global nature of the internet You agree to comply with all local rules regarding on line conduct and acceptable content and You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside
12.1 All notices shall be given:
12.1.1 to us, by email to email@example.com or by post to the address set out above
12.1.2 to You, by email to the email address that you provide to Us at the point of Your registration, as may be amended by You either by using this Site (as available from time to time) or by otherwise contacting Us with updated details.
12.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received three (3) working days after the date of posting.
These Terms are governed by and construed in accordance with English Law unless You live in Scotland in which case these Terms will be governed by Scots Law and You and We irrevocably agree that the UK Courts shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the legal relationship established by them and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the UK Courts
If you have commissioned and item which is out of stock we will endeavour to match the item as closely as possible to the original. However, please bear in mind that the products are totally handmade and there will be some natural variation from piece to piece which should hopefully be perceived as an added value rather than fault.
15 LEAD TIMES
If the item, you have ordered is already in stock then the delivery will be within 5 working days. If you have commissioned an item, please allow up to 21 days for delivery as we will be making this from scratch and the process takes a couple of weeks to complete. I will also need to wait until I have a sufficient ware to fill both the biscuit and glaze kilns. Any extended lead times will be communicated to the purchaser in due course given reasonable time.
16 PAYMENT TERMS
Standard payment terms are cash with order or cash on delivery / collection – whichever suits you
For online payments, our account details are:
Account Name: Trevor Dyer Ceramics
Bank: Barclays Bank, High Street, Huntingdon
Account No.: 73712753
Sort Code: 204363
14. NOTIFICATION OF CHANGES TO THESE TERMS:
14.1We reserve the right at Our sole discretion to add to or change these Terms
14.2 If We publish any changes We will let You know by posting such changes to this page and/or by posting notification of the change to our Site homepage or by sending You an email
14.3Once We have posted any such changes it is then Your responsibility as a user to ensure that You are aware of such changes from time to time
14.4Changes will become effective 24 hours after first posting and You will be deemed to have accepted any change if You continue to access the Site after that time