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Welcome to the Living Clay Australia Pty Ltd. website. By using, transacting or browsing this Site, you accept these Terms and Conditions in full. If you disagree with any part of these Terms and Conditions, please do not use this Site.
These Terms and Conditions apply to every person who uses our information, databases, and/or who purchase any products and services that we provide, together referred to as (Services). By using this Site, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, Living Clay Australia,“Us”, “Our” and “We” refer to Living Clay Australia Pty Ltd and “You” and “Your” refers to you, the customer, visitor, supplier, website user or person using our Site.
In using our Site and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with, these Terms and Conditions.
You must be over 16 years of age to purchase any of our products and services, alternatively younger buyers will need to obtain the written permission of their parents or guardians before we can process and ship the order.
We do not represent or warrant that this website, or the content contained herein, complies with the laws of any country outside Australia. If you reside outside Australia and access and use this website, you do so at your own risk.
If you do not agree to these Terms and Conditions, please do not use our Site or Services.
2. Amendment of Terms
We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication of the new Terms and Conditions on this Site. Notifications of any material changes will be posted on the Home Page as soon as they are published and displayed for 14 days. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance of these Terms and Conditions.
3. Limitation of Liability
By using our Site you agree and accept that Living Clay Australia is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether from errors or from omissions in our content or information, any goods or services we may offer, or from any other use of the Site or Services. This includes your use, or reliance, on any third party content, links, comments or advertisements. Whilst we do everything possible to ensure that the information contained on this site is accurate, your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.
It is your own responsibility to ensure that any Products or Services available through this Site meet your specific, personal requirements. You acknowledge that such information could contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Australian Consumer Law and Consumer Guarantees
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth). The liability of Living Clay Australia Pty Ltd for any breach of a term of this agreement is limited to the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again.
5. Delivery of Goods
Goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly on receipt of full payment. You will be advised of the despatch date and provided with a tracking number so that you can follow the progress of your parcel until it is delivered. Delivery may take between 5 and 7 days within Australia, or up to 21 days for International orders depending on the delivery option selected.
Living Clay Australia takes great care to pack your pottery item carefully, so in the case of damage or breakages the following procedures should be followed:
a) Where possible take a photograph of the goods within the opened package which will clearly show the damage incurred
b) Notify us immediately via the contact us page on the website, sending us a copy of the photograph you have taken.
c) Living Clay can insure all packages with Australia Post for a small additional cost. If this option is taken then initially you should complete a claim form at your local post office to recoup the value of the damaged goods. We are not responsible for the reimbursement itself, however, we will do everything we can to assist you including trying to source a similar replacement.
d) We will endeavor to replace the damaged items,although as these are unique, hand crafted items customers should be aware that it may not always be possible. We cannot replace the items free of charge, unless the packaging is deemed to be unsuitable and inadequate by our company management. Each incident will be assessed individually.
e) If your item is not delivered within the advertised time, initially please contact Australia Post quoting the tracking number provided in your despatch notice email, requesting them to track the parcel within their system. If this enquiry is not successful then please contact Living Clay immediately..
6. Returns and Refunds Policy
Living Clay handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Please notify us within 7 days of purchase if you wish to return your order. All refunds are made at the discretion of Living Clay Australia. If we are unable to resolve your concerns or further assist you, we will process a refund immediately the items are returned to us, provided they are returned undamaged. All goods will be refunded in full with the exception of shipping and gift wrapping costs. Refunds will be processed promptly and payment made by the same method as your original purchase.
Please direct complaints about content on our website, blogs, articles and comments through the contact us form on the website.
8. Links To Other Websites
Living Clay may from time to time provide on its Site, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval of an arrangement between Living Clay and the owners of those websites. Living Clay takes no responsibility for any of the content found on the linked websites.
Living Clay's Site may from time to time contain information or advertisements provided by third parties for which we can accept no responsibility whatsoever for any information or advice provided to you directly by third parties.
At Living Clay Australia, we are committed to protecting your privacy. The privacy of our site visitors, customers and suppliers and the security of their personal information is very important to us. We loathe spam as much as you do, whether it is by email, direct mail or telephone. We do not allow third party access to our database, whether in Australia or overseas. We comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth).
To the fullest extent permitted by law, Living Clay Australia absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
Living Clay works fastidiously to keep its Site and its systems clear of harmful viruses, however it gives no warranty that our Site or its server is free of viruses or other harmful components.
Living Clay Australia endeavours to have the most accurate, reliable and up-to-date information on our Site at all times. However, we do not warrant or make any representations regarding the use, or the result of the use, of any document, product, service link or information on the Site nor as to its correctness, suitability, accuracy and reliability.
11. Third Parties
Living Clay Australia does not sell or deal in your personal or customer information. We may, however, use the information we gather to distribute newsletters and other marketing material and to create marketing statistics, identify customer demands and to assist in meeting customer needs generally, within our own business.
12. Disclosing Your Information
Living Clay Australia will not disclose your personal information to any person or organisation unless as mandatorily required by the law in the following circumstances:
• by law or by any court
• to enforce the terms of any of our customer agreements; or
• to protect the rights, property or safety of our customers, suppliers and visitors.
13. Goods & Services Tax (GST)
GST is payable on our Products and Services. It is included in the advertised sale price of all of our products and services and will be clearly set out on our Invoices. By accepting these Terms and Conditions you agree to pay us the advertised price with the GST applied to the cost of the items you purchased.
If you are in the business of providing similar products and services for the purpose of selling them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Living Clay Australia. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, Living Clay Australia will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
15. Restriction of Access
Living Clay Australia reserves the right to exclude and deny any person or organisation access to our Site and our Services, at any time in our sole discretion.
16. Intellectual Property
Living Clay Australia owns a Certificate of Registration of Trade Mark number 1684526 on its name and logo issued by the Commonwealth of Australia ,IP Australia on the 17th November 2015 valid until 31st March 2025.
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and images. You are not permitted to reproduce the materials on the Site for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise any of the materials, documents, trademarks or products that may be available for download from time to time on this Site.
Living Clay Australia expressly reserves all copyright and trademarks in all documents, information, graphics and materials on our Site and we reserve the right to take action against you if you breach any of these terms.
Any reproduction or redistribution of part or all of the contents in any form is prohibited other than the following:
(a) you may print or download to a local hard disk content for your personal and non-commercial use only
(b) you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit our name, our logo or the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.
18. Entire Agreement
These Terms and Conditions make up the entire agreement between you and Living Clay Australia Pty Ltd and supersede any prior agreement, understanding or arrangement between you, whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth, or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
These Terms and Conditions and this Site are subject to the laws of New South Wales and Australia. If there is a dispute between you and Living Clay Australia that results in litigation then you must submit to the jurisdiction of the courts of New South Wales, Australia. Notices may be sent or given to you at your last known address or email address. Notices to us can be sent by email to [email protected] or by mail to Living Clay Australia Pty Ltd, PO Box 151 Berowra NSW 2081.