WEBSITE TERMS OF USE



1. OVERVIEW

Please note the following terms of service (“terms”) which govern the use of this website, www.ardmoreceramics.co.za (“the/this website”), and which govern the use of Ardmore Ceramics’ products and the components and materials from which they are made (“products”). By using this website and our products, you (“the purchaser(s)” and/or “the user(s)”, whichever applies) agree that you shall follow and be bound by these terms.

Please take special note of our Cancellation, Refunds and Returns Policy.

2. ABOUT ARDMORE CERAMICS/h4>

Ardmore Ceramics was established in 1985 by Zimbabwean-born ceramic artist Fée Halsted. The Ardmore studio is located on Ardmore Farm, nestled in the foothills of the Drakensberg Mountains in Kwa-Zulu Natal, South Africa. Our ceramics are all made by local artists who are given training, materials, a studio and a guaranteed market for their work, under the guidance of our founder.

Each item that is created at Ardmore is unique; one of a kind; no two pieces are alike. The vases, jugs, candleholders, bowls, platters, trays, tureens, urns and other masterpieces available on this site have been carefully chosen by Ardmore Ceramics and are not available through any of our other sales channels. Modern-day collectables of ours can be found in permanent collections at numerous museums and galleries around the world.

3. USE OF THIS SITE

Users may only use this website to browse the content and make legitimate purchases. Users are not to use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase(s).

This website and the content provided herein may not be copied, reproduced, republished, uploaded, posted, transmitted or otherwise distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is also strictly prohibited. Any unauthorised use of this website and/or the materials contained herein may constitute legal violations, and as such, the appropriate legal actions will be taken against unlawful users.

4. DISCLAIMER OF WARRANTY

The contents of this website are provided “as is” without warranty of any kind, either expressed or implied. 
We, the providers of this website (including the owners, the authors of these contents and in general anybody connected to this site in any way, collectively called “providers”), assume no responsibility for errors or omissions amongst these contents. Further, we do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents.

Indemnity

By using this site and by using Ardmore Ceramics’ products, you agree to fully indemnify Ardmore Ceramics and its agents and associates against any claim or demand, as well as any losses, expenses, damages, costs, resulting from the use of this site or Ardmore Ceramics’ products or from any violation of these terms.

Exclusion of Liability

By using this site and by using Ardmore Ceramics’ products, you agree that neither Ardmore Ceramics nor its agents shall be liable to you or any other person for any form of damages or costs whatsoever arising from the use of this site or from the use Ardmore Ceramics’ products, or from the inability to use this site or Ardmore Ceramics’ products. Ardmore Ceramics makes no guarantees nor warranties for the performance or safety of its products outside of their intended purpose.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

5. OUR RIGHTS

Ardmore Ceramics reserves the right to alter these terms without express notice. It is the responsibility of the user to check regularly to determine whether these conditions have been changed. Users who find that they do not agree to any changes to these conditions must immediately stop using this website.

We will use our reasonable endeavours to maintain this website. This website is subject to change from time to time. Users will not be eligible for any compensation in the event that they cannot use any part of the website, or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.

6. RESTRICTIONS AND COPYRIGHT

Photography

The sharing of Ardmore Ceramics’ photography is welcomed; referencing Ardmore Ceramics & www.ardmoreceramics.co.za is much appreciated: Users may share or redistribute photographs from this site in their original unedited form only.

Intellectual Property

This website and the content contained herein and on Ardmore Ceramics’ social media accounts and press, including but not limited to products, designs, patterns, text, logos, insignia and video, are subject to copyright and intellectual property rights held exclusively by Ardmore Ceramics and may not be copied or reproduced under any circumstances in any manner whatsoever. Such rights are protected by South African and international copyright and intellectual property laws.

Admore Ceramics asserts and reserves full ownership, copyright, and intellectual property rights on all the designs and patterns on our products. The designs and patterns of our products may not be copied, re-interpreted, reproduced in any manner whatsoever.

All designs and patterns © Copyright 2018 Ardmore Ceramics. All rights reserved.

7. THIRD-PARTY LINKS

In attempts to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

8. MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with this website. Accordingly, we may investigate any reported violation of these conditions or complaints and take any action that we subsequently deem appropriate (which may include, but is not limited to: issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from this website).

9. LAW

These conditions will be exclusively governed by and construed in accordance with the laws of South Africa, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

10. COMMUNICATION PREFERENCES

Certain personal information must be supplied by the user when completing a purchase on this website. This information includes but is not strictly limited to: billing address details, shipping address details, and personal details such as names and contact information.

This information is used solely for the purposes of fulfilling or otherwise managing your order. The providers will not deliberately make this information available to any third parties or use this information in any way other than what is specified here.

By placing an order on this website, you hereby consent to receiving electronic communications from Ardmore Ceramics relating to your order and/or your order history with Ardmore Ceramics. This communication may involve sending emails to your email address (and/or any other contact information provided by you) and are part of your relationship with Ardmore Ceramics. Any such communication sent by the providers will contain instructions on how to update your communication preferences with Ardmore Ceramics, should you wish to.

You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. We encourage recipients to avoid printing paper copies in the interests of protecting the environment.

By way of completing a newsletter subscription form on this website, users explicitly provide their consent to receiving marketing communications from Ardmore Ceramics in the form of email newsletters. Such newsletters typically contain information about special offers, surveys, news and promotional announcements. Users who complete a purchase on this website but do not also complete a newsletter signup form, will not be automatically subscribed to receive newsletter marketing from Ardmore Ceramics.

Please review our Privacy Policy for further information.

11. CONSENT

Your continued use of this website indicates that you understand and accept these terms and conditions. Furthermore, you undertake not to violate these terms in any way and acknowledge that you understand the legal implications of doing so. You further acknowledge that you will be held liable for all legal costs incurred by Ardmore Ceramics for any civil or legal action deemed necessary against you for violation of these website terms.

12. ONLINE STORE

The Ardmore Ceramics online store forms part of this website. Purchases made through this online store are subject to the terms and conditions that govern use of this website (stated here) as well as a sub-set of e-Commerce Terms and Conditions (“e-commerce terms”), which are laid out below:

GENERAL

When you confirm a purchase with us, legal obligations arise and your right to refunding of monies (whether charged to your credit card or in any other way paid), is limited by our terms & conditions. You must not make any purchase through this website unless you understand and agree to all of our terms and conditions.

Once payment is made for a purchase, it is deemed that you have read and understood these terms and conditions for such a purchase. If you have any queries please contact us before making any purchases on this website.

LOCATION, CURRENCY & PRICING

This website offers the following currency options:

1. British Pounds Stirling (GBP) 2. American Dollars (USD) 3. Euros 4. South African Rands (ZAR)

Users who wish to purchase items on this website may do so in the currency of their choice. No other forms of currency will be accepted.

The default store currency is determined by your physical location (country) when accessing this website. Physical location is determined using GeoIP location software to derive this information from your device’s Internet Protocol (“IP”) address. This website will automatically apply a default currency and default pricing if a user’s physical location (country) cannot be accurately determined.

We reserve the right to alter prices and pricing configuration without prior notice. Prices may differ between countries or territories in consideration of exchange rates and production costs.

SALES TAX

All prices displayed are inclusive of Value Added Tax (“VAT”) at a rate of 15% (or the prevailing rate at the time).

Please note that you may be required by the country in which your receive your order to pay sales tax or customs duties on the order. These fees shall be borne by the purchaser or receiver and not by Ardmore Ceramics.

PRODUCT AVAILABILITY

Products listed on this website are all one of a kind. This online store has been configured to prevent items that are not available, or are no longer available, from being visible on catalogue pages. While the providers make every effort to maintain this website, we do not accept any form of liability for incorrectly listed products.

Placing an item in your order basket does not reserve that item or in any way guarantee its availability. Items are sold on a ‘first to checkout’ basis, meaning that in any instance where more than one user wishes to purchase a specific item, the first user to successfully complete the checkout process is automatically deemed the rightful purchaser.

ORDER PROCESSING

No order will be processed until the order is confirmed and payment is received in full. Please contact us directly with any queries.

SHIPPING

We make every effort to ensure timeous delivery of all orders. We also endeavour to keep our customers up to date on the status of their order(s). Should delivery timelines be affected by unforeseen circumstances that arise, or circumstances that are outside of our control, we will contact you via the email address provided during checkout and provide a revised delivery schedule.

Purchasers should expect a lead time of 5-7 business days for shipping within South Africa, and a lead time of 15-20 business days for international shipping. Shipping timelines are provided by the shipping provider(s) during checkout, while you are placing your order.

CANCELLATION, REFUNDS & RETURNS

Right of Cancellation of Orders The providers fully reserve the right, at their own discretion, to cancel any order or purchase made on this website. In such an event, the providers shall refund, reimburse, or issue a voucher or coupon on that purchase, in whole or in part, as is deemed appropriate under the circumstances.

Erroneous Orders


If an order or purchase from this website is made in error in respect of price and invoicing of product, shipping/delivery, and sales tax, the providers reserve the right to amend or cancel that order or purchase at their own discretion. In such an event, the providers will take reasonable steps, under the circumstances, to rectify the error promptly.

Returns Policy


We take pride in our products and hope that you will be most satisfied with your purchase. If you are not completely satisfied, please consider the options below.

1. Unwanted Products & Exchanges


Products may be exchanged or returned to us by sending the product to our physical address (listed below), provided that all of the following conditions are met: The product: • is undamaged and unused, with the original labelling still attached; • is in its original, undamaged packaging; • is not missing any accessories or parts; • is not listed in Section 3 as ineligible for return; • is returned to Ardmore Ceramics within 30 days of purchase (or within 7 days of purchase for products bought on sale). Unless the purchaser wishes to return or exchange the product because it is not what was expected in respect of what could be reasonably inferred from its appearance and description on this website, the cost of sending the product to Ardmore Ceramics shall be borne by the purchaser. After 30 days (or 7 days for products bought on sale), a product may only be returned or exchanged if is defective within 6 months of receipt, and where that defect was not brought about through damage caused to the product. In the case of defects, please see Section 5. After inspection and if the product is accepted for return, we will issue a voucher to the value of the product’s purchase price, or a refund if preferred. We reserve the right to refuse a return if the product sent to us is in a damaged or unsaleable condition or missing any parts.

3. Products not eligible for return or exchange


The following shall not be eligible for a refund, exchange, or credit: • Cut fabric sold by the metre (unless the product contains a material defect as described in Section 5) • Products marked "Final Sale"; • Damaged or used products; • Vouchers and coupons.

4. Products damaged on delivery
Should a product be damaged at the time of delivery or collection, please notify us right away by contacting us via our website's contact page. We will arrange for the damaged product to be collected at no charge, and after we have inspected the product, we will arrange to replace the product as soon as possible, or issue a credit to the value of the purchase price if no replacement is possible, or issue a refund if preferred.

5. Defective Products


A product is deemed defective if a material imperfection or flaw exists in the product’s materials and components or in its manufacture, which makes the product less acceptable than what one would be reasonably entitled to expect. The following will not be regarded as defects and will not entitle the purchaser to a return under Section 5: • Faults resulting from normal wear and tear; • Damage arising from negligence, abuse by the user, or incorrect usage of the product; • Damage arising from electrical power surges or sea air corrosion; • Damage arising from overexposure to sunlight; • Damage arising from failure to adequately care for the product; • Damage arising from alterations made to the product; • Where the specifications of the product, while accurately described on this website, or the intended use of the product, do not suit the purchaser’s own expectations or intended use.

6. Charges


If a product is returned to us, for whatever reason as contemplated in the above sections, but not all products or accessories or parts of the purchase are returned, we reserve the right to refuse the return, or only to replace the item returned, or to estimate the value of the missing goods and issue a credit or refund in respect only of the returned item. Additionally, if a product is returned to us which does not comply with the above sections of this policy, the Providers shall not bear the costs of having the product collected from or returned to the purchaser.

PAYMENT OPTIONS

All transactions are processed in South African Rands (ZAR). The total price of all orders includes VAT and shipping costs.

PayFast


PayFast is a South Africa payments processing service that enables easy, secure and instant transfer of money between online buyers and sellers. The range of payment methods that PayFast enables on this website and a description of each is provided below:

Instant EFT


Instant EFT lets users pay using traditional internet banking with South Africa's six main banks; ABSA, FNB, Standard Bank, Nedbank, Capitec Bank and Investec. The electronic funds transfer (EFT) is instantly verified (“instant EFT”). There are no waiting periods, proof of payment is not required and no financial information is disclosed to us, the merchant (website providers). Please note that you must have an active bank account with one of the six banks listed here in order to use this method.

Credit cards


Credit cards, one of the most widely used online payment methods, allow us to accept both local and international payments, using Visa and Mastercard credit cards.

13. SECURITY POLICY

Ardmore Ceramics is committed to providing secure online services. Encryption is used to protect the transmission of personal information when completing online transactions, and all encryption complies with international standards. We do not store or have access to users’ credit card details or other confidential payment details that could potentially be used for fraudulent or malicious purposes.

14. UPDATING OF THESE TERMS AND CONDITIONS/h4>

We reserve the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time and without prior notice. Alterations to these terms and conditions will become effective upon such changes being posted to this website. It is the user’s responsibility to periodically check these terms and conditions on this website for changes or updates.

The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions, including such alterations.

Your continued use of this website following the posting of changes to these terms will mean that you accept those changes. You agree not to use the site or any materials you may obtain through the site in a manner that violates any law. You also agree not to use the site to stalk, harass, or harm another individual, to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

You further agree not to interfere with or disrupt the site, servers or networks connected to the site or to use any data mining, robots, or similar data gathering or extraction methods or attempt to gain unauthorized access to any portion of the site or any other accounts, computer systems, or networks connected to the site, whether through hacking, password mining, or any other means. We may terminate or restrict your use of this site, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these terms or (ii) engaged in illegal or improper use of this site.

15. CONTACT US:

Physical address: Lavendula Farm Caversham Lidgetton, KwaZulu-Natal South Africa

Postal address: P.O. Box 273 Nottingham Road, 3280 KwaZulu-Natal South Africa

Email: info@ardmoreceramics.co.za

Phone: +27 (0) 33 940 0034



PRIVACY POLICY

Ardmore Ceramics is committed to protecting your privacy. This privacy policy applies to all web pages related to this website, as well as social media pages and any other verified web properties associated with Ardmore Ceramics (“properties”). All of the information gathered via these Properties (“data”) is used to identify users that use this site and/or interact with our brand online.

Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your personally identifiable information.

By using this site, you signify your acceptance of our Privacy Policy. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on this site; use any robot, spider, scraper or other automated means to access this site; decompile, reverse engineer or disassemble any software or other products or processes accessible through this site; insert any code or product or manipulate the content of this site in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this site, including any software viruses or any other computer code, files or programs. If you do not agree to this policy, please do not make use of this site.

1. What personal information do we collect?

This site uses Google Analytics tracking to collect data about your visit, including: duration, device used, pages visited, actions taken, geographical location (region, country and city), age (generalised), gender, date, time of day, the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet and the Internet address of the website from which you linked directly to our site. Google Analytics does not yield any piece of information that can be used in isolation to identify you personally.

When ordering from us, completing a contact form, or subscribing to our newsletter, you may be asked to enter your name, email address or other personal details.

You may elect (at your sole discretion) to enter your personal information into a form embedded on this site. Such information can be used to identify you personally and typically includes: your names, date of birth, contact information, address information and employment information. Likewise, should you enter into any competition run by the Providers, either via this site or one of our other Properties, you acknowledge that you do so knowingly and at your own discretion.

2. How do we use of information that is collected?

This information is used to help improve the site, analyse trends, and further administer this site. We may also use this information internally to improve our products and services. We may need to change this policy from time to time in order to address new issues and reflect changes on our website. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone else.

Information that you enter into a contact form on this website will be used to contact you and assist with any enquiry that is raised through that form. In addition, information that you enter into a newsletter subscription form on this website will be used to send you newsletter updates. Please see the section titled ‘Communication Preferences’ in our Website Terms of Use for further details.

Your contact details will not be automatically added to our marketing communication database. Instead, the providers make use of double opt-in mechanisms to guarantee that all persons who receive marketing communication from Ardmore Ceramics have explicitly opted in to do so. This form of consent is unambiguous, specific and given freely. You can withdraw your consent at any time by following the instructions provided in these communications.

Data that is collected will not be used for any purpose other than that which is stated in these terms.

3. Do we use cookies?

Yes. Please refer to our Cookie Policy for more information.

4. Storage of information

The providers endeavour to store all data securely at all times. Data may be stored locally and/or using trusted, verified tools offered by third-party providers. Every effort is made to ensure data safety (including, but not limited to: enforcement of strong password policies, encryption, activity notifications, database maintenance, off-site back-up and automatic back-up). By choosing to use and/or enter your information on this website, you acknowledge and agree that the providers will not be held responsible for any breach or similar lapse in security on the part of third-party providers whose tools are used to store or process data, howsoever caused.

Please refer back to this policy regularly.

5. Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

6. Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

7. CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them. We collect your email address in order to send you newsletters and promotional emails about our products and services. If at any time you would like to unsubscribe from receiving future emails, you can email us at info@ardmoreceramics.co.za and we will promptly remove you from all correspondence. If there are any questions regarding this privacy policy please contact us.

8. Notes

Ardmore Ceramics may from time to time change this Privacy Policy and other terms of service, or change, modify or withdraw access to this site at any time with or without notice.

9. Data Protection Officer

Information gathered through Ardmore Ceramics’ web properties is processed by Ardmore Ceramics. Please direct any concerns or enquiries regarding this Privacy Policy to :

Email: info@ardmoreceramics.co.za

Phone: +27 (0) 33 940 0034



COOKIES POLICY

Last updated: October 2018

Ardmore Ceramic Art Studio, trading as Ardmore Ceramics ("us", "we", or "our") uses cookies on www.ardmoreceramics.co.za (the "Service"). By using the Service, you consent to the use of cookies.

This Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

1. What are cookies

Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be "persistent" or "session" cookies.

Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

2. How Ardmore Ceramics uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes: • to enable certain functions of the Service • to provide analytics • to store your preferences • to enable advertisements delivery, including behavioural advertising.

We use both session and persistent cookies on the Service.

3. Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

4. What are your choices regarding cookies

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

5. Where can you find more information about cookies/h4>

You can learn more about cookies and the following third-party websites: AllAboutCookies: http://www.allaboutcookies.org/ Network Advertising Initiative: http://www.networkadvertising.org/

To contact us with any queries relating to this Cookies Policy, please use the following details:

Postal address: P.O. Box 273 Nottingham Road, 3280 KwaZulu-Natal South Africa

Telephone: +27 (0) 33 940 0034

Email Address: info@ardmoreceramics.co.za