1. DEFINITIONS
1.1 "Buyer" means the person who buys the goods or agrees to buy the goods from the Seller.
1.2 "Date of Sale" means the date that the sale will take place.
1.3 "Goods" means the products/art works, which the Buyer agreed to buy from the Seller.
1.4 "Price" means the agreed price for the goods, but excluding carriage, packaging and additional insurance as arranged under instruction of the Buyer.
1.5 "Standard Insurance" cover is provided for all goods as per carrier’s rates.- Seller reserves the right to alter this price without notice.
1.6 "Seller" means, David Moss Ceramics.
1.7 "Carrier" means any contracted service used to deliver the goods to the Buyer.
2. Conditions Applicable
2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions that the Buyer may purport to apply under any purchase order, similar document or verbal agreement.
2.2 All orders for Goods shall be an offer by the Buyer to purchase Goods pursuant to these conditions.
2.2.1 Any variation to these Conditions (including any special agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The price and payment
3.1 The Buyer must pay for all goods in full before they are dispatched.
3.2 All goods sold will remain sole property of the Seller until all goods have been paid in full.
3.3 The Price shall be as set out on the order form.
3.4 The Buyer is liable for any import taxes and duties applicable.
4. Payment options accepted
4.1 Payment may be made via bank transfer into the Seller’s bank account, details of which will be provided on request.
5. Customer privacy policy
5.1 The Seller shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
5.2 The Seller will not use the information you provide for any purpose other than processing your order and occasionally communicating with you about new work.
5.3 The Seller will not sell, rent or loan any details about you to any third party.
6. Goods
6.1 The quantities and description of goods shall be as set out on the order form.
6.2 Our products undergo rigorous inspection standards. Due to the delicate nature of many of our Goods, the Buyer may notice very slight irregularities in colour shadings, material substance. This will not be considered to be imperfections but rather evidence of the individualized, handcrafted nature of these products. Also, due to light reflection during photography, colours and textures may appear to differ slightly between actual article and the photograph thereof. No claim arising out of these irregularities will be entertained.
6.3 Not all surfaces of goods are suitable for use with food. All items catalogued under dinnerware are food safe.
7. Limitation of Liability
7.1 As a high standard of quality is very important to David Moss Ceramics, your art works will be individually checked and then carefully packed.
7.2 If the products which you receive are damaged, then provided you notify us within 48 hours of the time of receipt by you, and provide us with a photograph of the damaged art work, you will be refunded the full cost of the art piece.
7.3 Delivery costs are non-refundable.
7.4 We shall not be liable to pay any money to you by way of compensation, other than any refund as provided above. In particular, but without limitation, we shall not be liable to you in contract, tort (including negligence) or otherwise for: any economic loss (including loss of revenues, profits, contracts, business, or anticipated savings); or any loss of goodwill or reputation; or any special, indirect or consequential losses or damage, in any case whether or not such losses were within the contemplation of the parties at the time of contracting, arising out of any damage, defect or other failing on our part or out of any misuse by any other person of your details unless (a) you have expressly made us aware in writing of the nature and extent of the loss or damage which you may suffer in such situation and (b) we have expressly confirmed in writing that we accept liability for such matters.
7.5 Nothing in these terms shall limit any rights you may have as a customer which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury.
8. Delivery of goods
8.1 The Seller will ship your in-stock order within 2-3 business days via the Carrier. Please allow 7 to 10 business days for delivery.
8.2 For orders placed during a weekend or holiday, the Seller will ship orders on the next business day.
8.3 As all works are handcrafted, the Seller will provide individually quoted projected shipping dates for made-to-order art works.
8.4 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.5 Delivery dates are estimated based on information being passed to the Seller as specified. The Seller will not be held responsible for delays in production if the Buyer delays supply and / or approval.
8.6 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased.
9. Acceptance of goods
9.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.
9.2 After acceptance the Buyer shall not be entitled to reject goods, which are not in accordance with this contract.
10. Title of risk
10.1 Title to the Goods shall pass on acceptance.
10.2 The Goods shall be at the Buyer's risk as from Delivery.
11. Remedies of Buyer
11.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
11.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatsoever to the Buyer in respect of those Goods.
11.3 The Seller shall not be liable to the Buyer for late delivery of the Goods
12. Copyright of images
12.1 All the Seller's images are protected by copyright law and are owned by ; (Copyright, Designs and Patents Act 1988 and subsequent revisions and amendments). Reproduction of these images and designs in any form without prior express written consent of the copyright holder is prohibited (including adapting, altering or creating a derivative work from image content). All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the permission of the copyright owner.
13. Country of domicile 13.1 This website is governed by the laws of South Africa and David Moss Ceramics chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 275 Villiers Road, Walmer, Port Elizabeth, 6070, South Africa.
