Black Dog Ceramics
TERMS AND CONDITIONS
(referred to as “BDC”)
The sale or purchase of any products or services is expressly conditioned on the buyer’s assent and consent to these Terms and Conditions. No transaction shall modify these Terms and Conditions, nor shall any course of performance, dealing, or usage of trade operate as a modification or waiver of these terms and conditions.
1.1 PURCHASE OF PRODUCTS
By ordering a product from our website you are voluntarily offering to buy it at the price stated at the time of purchase; whereas BDC will take all reasonable care to ensure that all the relevant and required details, descriptions and prices of products appearing on the website are correct and up to date.
BDC however reserves the right to refuse an offer and/or an order. Non-acceptance of an order may result from, but is not limited to:
- The product ordered is not in stock;
- An inability to obtain proof of payment;
- An error regarding product information, including price and promotion/s;
- Insufficient evidence of your “retail” status.
Prices displayed on the site are shown in South African Rand (ZAR) and Exclude Value Added Tax (15%). Prices are subject to change at any time.
Delivery fees are charged separately from the purchase price.
1.3 DELIVERY ADDRESS
Please ensure that the address for delivery is entered correctly. BDC will not be held liable for any damages resulting from an incorrect address, email address or cell-phone number. If after placing your order you however notice your address details are incorrect, please contact us immediately at firstname.lastname@example.org.
1.4 ACCEPTANCE AND CANCELLATION
Receipt of an order or purchase confirmation, whether electronic or otherwise, does not signify our acceptance of your order, nor does it constitute confirmation of an offer to purchase. BDC reserves the right to decline or limit your order for any reason at any time after receipt of your order confirmation.
If an order is cancelled by the customer before completion of the product, then the deposit amount (if charged) shall be forfeited. If an order is cancelled by the customer after completion of the product, then the full amount shall be due and owing.
After an order has been placed it cannot be cancelled unless the shipment/sending or dispatching of the order is unavoidably delayed. In this case we will do our best to cancel the order if requested by you in writing.
2.1 PAYMENT OPTIONS
All payments made must be in ZAR (South African Rand). Goods will not be dispatched unless full and final payment (including delivery and shipping) has been made, and the relevant POP (Proof of Payment) has been sent to and received by BDC.
For wholesale purchases and/or special orders and/or custom-made items, a 50% deposit will be applicable and payable before the commencement of the order. The balance of the order (including delivery or shipping) will be payable on completion of the order. Orders will only be processed for delivery after the relevant POP (Proof of Payment) has been sent to and received by BDC.
2.2 CUSTOMS DUTIES
When ordering from BDC, an additional cost can be incurred for any customs and import duties; quotas; permits; product restrictions or other legal requirements. The buyer shall be liable for these additional costs, and these charges must be paid by the recipient of the parcel/product.
Customs policies vary widely from State to State and Country to Country, and as such it cannot be included in the order price. We therefore suggest that local requirements be analysed before placing an order, BDC will not be held liable for any additional costs that relate to customs and import duties; quotas; permits; product restrictions or other legal requirements.
3. CHANGES OF PRODUCTS AND PRICING
We are constantly updating and revising our offerings and products, and we may discontinue any of our products at any time without notice. All pricing for our products is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, currency fluctuations, product discontinuation, manufacturing or supplier price changes, errors in advertisements and other extenuating circumstances.
4. MANUFACTURING AND DELIVERY POLICY
BDC specialises in handmade products carefully produced by a single artisan, and we therefore seldomly have large quantities of stock available. If your order is not available immediately from stock, please be aware that it may take up to 3 to 4 weeks for manufacturing. We will advise you of an approximate date by which the order will be ready.
Please Note: orders are processed in the order they are received and purchases for the “end of year season”, should be placed as early as possible as this is a particularly busy time of year.
Once the order is complete it is dispatched within 1-2 days, whereas delivery takes approximately 2-5 days (depending on the area of delivery).
Time frames for the delivery of international orders will depend on the specific circumstances of the order and location.
Please take these time frames into consideration when placing your order. If you have a specific deadline for your order, please discuss your needs with email@example.com.
BDC makes use of “The Courier Guy” for all deliveries within South Africa. Although “The Courier Guy” states a delivery time of approximately 2 – 5 working days (excluding remote areas), we take no responsibility for any of the guarantees or representations made by “The Courier Guy” as to delivery times, as these remain subject to delays resulting from the courier, or instances of force majeure. In an instance of force majeure, neither Party will be liable to the other for any failure to fulfil its obligations and/or responsibilities caused by an event of Force Majeure.
Please Note: BDC only allows orders to be picked up in person at the convenience of BDC and only if requested in writing to firstname.lastname@example.org .
Whilst every effort is made by BDC to package goods securely and carefully, BDC cannot be held responsible or liable for damage of goods during transit, storage or delivery. Once you receive delivery of your goods, please open the box carefully and correctly (the right way up). Make sure you unwrap and handle the items with care as ceramics is fragile.
5. PRICING AND PRODUCT INFORMATION
Our products are handmade, and as such there may be slight variations in colour, tone and dimensions. BDC attempts to be as accurate as possible with product descriptions and prices. However, we cannot guarantee that product descriptions, colours and sizes in any advertising will reflect identically to the product itself. Although we make every effort to display products accurately, we cannot guarantee that your computer monitor’s display of items is accurate. BDC however warrants that all products made will meet the general specifications of the product ordered.
If the pricing or information of a product contains an inadvertent and obvious error, BDC retains the right to refuse or cancel any orders processed with the incorrect price or information. However, BDC warrants that any inadvertent or erroneous information will be corrected as soon as discovered, and we will make a reasonable attempt to reach any customers affected by the error. We apologise in advance for any inconvenience this may cause you.
6. REFUNDS AND RETURN POLICY
BDC works hard to ensure that our customers are satisfied and delighted with their product purchases. We warrant the products we sell are at the time of delivery the correct product and that the product is free from defects, other than manufacturing differentiations that are accepted within industry norms.
You are expected to promptly inspect the products on delivery to ensure they are the correct items and free from any defect, prior to use of the product. If you consider any product to be defective or incorrect, please contact us within 2 days of delivery of your purchase, by sending an image or any other proof to email@example.com. We will assess your claim and if valid, we will refund, or credit your purchase (this will exclude any delivery amount or VAT). If a refund or credit is not acceptable, we will endeavour to remake the product, but be aware that remaking products may take some time. In the event that the original product ordered is no longer available, BDC will refund or credit you as per the above. BDC will incur the costs of delivery for defective or incorrect products.
If however you are an overseas customer, we can only offer to credit you for defective products and/or make replacements for incorrect products which will be sent to you with your next order.
We offer refunds and credits or replacements on all products, except for:
- Special orders;
- Custom-Made Commissions;
- All products purchased on Sale.
7. PROHIBITED USE OF INTELLECTUAL PROPERTY
In addition to other prohibitions as set forth in the Terms and Conditions, you are further prohibited from using any of the intellectual property of BDC – which includes the website, the content of the website, and any and all products produced by BDC. Any person found to illegally use any of the intellectual property of BDC, shall be held to account in terms of the law, and BDC reserves all their rights herein. BDC further reserves the right to terminate your use of the website, or any related website, for violation of any of the above.
8. WARRANTIES, LIABILITY AND INDEMNITY
BDC hereby warrants that all products produced by them shall be produced with the utmost care and attention; that all products are fit for reasonable use (as found on www.blackdogceramics.co.za); and that any problems regarding our products shall be given proper attention towards resolution.
BDC reserves the right to refuse, decline or limit an order or offer in accordance with the terms herein; and further reserves the right to terminate any relationship or right of use upon the discovery of the breach of any of these terms and conditions.
BDC lastly records that they shall not be held liable for any additional costs due to customer error or mistake; for any customs and import duties; quotas; permits; product restrictions or other legal requirements for delivery; for any actions or representations of any delivery company or third party used by BDC.
9. PERSONAL INFORMATION
10. CONTACT INFORMATION
These Terms and Conditions and any separate agreements added shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Any questions about the Terms and Conditions may be directed to firstname.lastname@example.org.