Welcome to Jersey Pottery. These Terms and Conditions govern the website user’s use of this website and the user’s retail purchases from Jersey Pottery via this website. These Terms and Conditions may be subject to change without notice to the user. Accordingly, we recommend that you check the Terms and Conditions regularly for amendments.

Please note that by ordering products from the Jersey Pottery website (“Website”), the user (“User” or “you”) agrees to be bound by these Terms and Conditions as well as other documents expressly referred to in these Terms and Conditions.

These Terms and the Website’s Privacy Policy form part of the contract between you and us (“Contract”). While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these Terms to be confirmed in writing. These Terms apply to you if you are resident in the United States. If you reside outside the United States our EU Terms and Conditions will apply.

 

I. Information about us

Jersey Pottery USA, Inc., is a company incorporated in Delaware, and having offices located at 900 Merchants Concourse, Suite 211, Westbury, NY 11590

C. You may reach us using the Contact Details on our website.

II. Our Products

A. The images of the Jersey Pottery products (“Products”) on the Website are for demonstrative purposes only, and, due to our manufacturing processes, each product may vary slightly. Accordingly, any Product that you order may vary slightly from those images. Although we have made every effort to display the colors of the Products accurately in the images we post on the Website, we cannot guarantee that your computer’s display of the colors reflects the accurate color of the Products.

B. All Products shown on the Website are subject to availability. We will inform you by email as soon as possible if a Product you have ordered is not available.

III. Use of the Website and Sales to Children

A. Your use of the Website is governed by the Terms of Website Use that includes a Privacy Policy and Disclaimer. Please take the time to read these, as they include other important terms that apply to you.

B. We do not sell the Products for purchase by children. We sell children’s products for purchase by adults only. You may only purchase Products from the Website if you are at least 18 years old.

IV. Linked Sites

A. Please note that we assume no responsibility for the content of websites linked to the Website, including the websites of third parties from whom you may purchase other goods and services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

V. Product Ordering and Formation of Contract

A. You will find information on how to order Products via the Website in our FAQs.

B. You may pay for Products using a debit card, credit card or PayPal. During the checkout process you will be asked to provide your payment details. Where requested, you must complete the required fields indicated. All credit/debit card transactions on the Website are processed using SagePay, a secure online payment gateway that encrypts your card details and cannot be accessed by us. You agree to abide by any terms and conditions imposed by Sage Pay in connection with the processing of your payment for purchasing Products from us. You acknowledge and agree that we are not responsible for the acts and/or omissions of SagePay.

C. Our order process allows you to check and amend any errors in your order at each stage of the process prior to submitting your order. Please take the time to read and check your order at each page of the order process. The order summary shown to you before you submit your order will summarize your order including: the total price of the Products you have ordered (including any applicable taxes), delivery charges and any charges for additional services, such as gift wrapping. Please note that your order may also be subject to import duties and taxes which are applied when the delivery reaches its destination country. Please check the order summary carefully before submitting you order.

D. The prices of the Products will be as quoted on the Website from time to time. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Shipping Confirmation email. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the Website. However if we discover an error in the price of any Products you ordered, we will inform you of the new price and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order.

E. After you place an order, you will receive an email confirmation (“Confirmation Email”) from us acknowledging that we have received your order. This does not mean that your order has been accepted, nor that a Contract between us has formed. Our acceptance of your order will only take place when we send you a Shipping Confirmation, as described below in Paragraph V.F.

F. We will confirm our acceptance of your order to you by sending you an email, which will confirm that the Products have been shipped to you at the address you included when you submitted your order (“Shipping Confirmation”). The Contract between us will only be formed at the time when we send you the Shipping Confirmation. The Shipping Confirmation will also provide you with a shipping tracking number so that you can monitor the delivery of your order.

G. If we are unable to supply you with a Product, for example because that Product is not in stock, no longer available or because of an error in the price on the Website as referred to below, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

H. The Contract between us shall be interpreted in accordance with the laws of the State of New York and any and all disputes between us shall be governed by New York law and adjudicated in the courts of New York.

VI. Privacy

A. Any personal information that we can access about you will only be used in accordance the Website’s Privacy Policy and applicable U.S. laws. Please take the time to read our Privacy Policy, as it includes important terms that apply to you and your use of the Website.

VII. Delivery

A. All Products are delivered to you via a third party delivery service.

B. Delivery charges and delivery times will vary depending on the type of Product ordered and the delivery address. Please see our FAQs on our website for further information on delivery times and costs.

C. The cost and estimated time of delivery will be set out in the order summary page provided to you before you pay for your order. Please read the order summary carefully and ensure that you understand and agree to pay the cost of delivering your order to its destination.

D. Depending on the number and availability of Products you order from us, we may split the Products you have ordered from us across a number of separate deliveries.

E. The Products will be your responsibility from the completion of delivery. You should check all Products you receive against your order as soon as possible to make sure they reflect what you ordered and that they are not damaged or are not as described. If you discover that the Products do not reflect what you ordered, are damaged or are not as described you must notify us as soon as reasonably possible after discovering the deficiency, either by email or by letter addressed to the address shown above in Paragraph I. You must also return the Products to us as soon as reasonably practicable.

F. If we miss the delivery deadline for any Product then you may immediately cancel your entire Contract under which that Product was purchased if (a) we have refused to deliver the Product; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances at the time the Contract was entered into); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not have the right to cancel your entire Contract, you can give us a new deadline for delivery (which must be reasonable under the circumstances). If we fail to meet the new delivery deadline you set, then you can cancel your entire Contract.

VIX. Cancellation of Order/Returns

A. To cancel an order, you will need to inform us in writing that you have decided to cancel your order. You can contact us using the Contact Form on our Website; please include details of your order to help us to identify it, including your order number, date of purchase, reason for return and contact information. We suggest that you keep a copy of your cancellation notice for your own records.

C. If you cancel your order we will refund you the price you paid for the Products, minus shipping and return shipping costs (unless the Products are defective or not as described). You must return the Products to us within no more than 14 days after you cancel your order. If you chose to return any Products to us we will not be responsible for loss or damage to them in transit. We therefore recommend that these are returned to us using a reputable recorded delivery service. If Products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage. You must return Products to us in their original packaging.

D. If the Products are being returned because they are defective or not as described, we will assume the costs of return delivery/shipping.

E. We will refund to you on the credit card or debit card used by you to pay us for the Products. Please note that refunds take up to two weeks to process.

X. Jersey Pottery’s Warranty

A. We provide a warranty that on delivery and for a period of 28 days from delivery, the Products shall be free from material defects. However, this warranty does not apply to any defect in the Products arising from: (a) fair wear and tear; (b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) your failure to use the Products in accordance with the user instructions; (d) any alteration or repair by you or by a third party who has not been authorized to repair the Product by us; or (e) any customization or specification for manufacture of the Product instructed by you.

XI. Jersey Pottery’s Liability

A. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a direct, natural, foreseeable consequence of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

B. We only supply the Products for domestic and private use to consumers. You agree not to use the product for any commercial, business or re-sale purposes, and in any event we will have no liability to you for any loss of profit, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity.

C. We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence or that of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation on the part of our company, our employees, agents or subcontractors; (c) defective products; or (d) any other liability for which it would be unlawful for us to attempt to limit or exclude liability.

XII. Force Majeure Events

A. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure event.

A Force Majeure event includes any act, event, non-happening, omission or accident outside our reasonable control and includes in particular (without limitation) the following:

strikes, lock-outs or other industrial action;

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

impossibility of the use of public or private telecommunications networks;

the acts, decrees, legislation, regulations or restrictions of any government;

denial of service attacks or other types of attacks that are directed toward the infrastructure that supports the Website;

any type of outage or service degradation relating to the unavailability of a financial institution including, but not limited to, issuers and/or acquirers or any third party switch or processing system;

any issues which are limited solely to you and which cannot be proven against any of our other customers; or

any failure or service outage that falls outside of our control.

B. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure event.

C. If a Force Majeure event takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you.