Terms and Conditions

These are the terms and conditions of Birch Pottery (‘Birch Pottery’ and our website www.birchpottery.co.uk).

Birch Pottery Address 1 Church Road, Felixstowe Suffolk IP11 9NF.

You can contact us in writing by email at birchpottery@outlook.com should you have any queries. If you purchased your item in a shop instead of our online store, then the terms are between you and that shop. The shop’s details should be on your receipt.

These terms fall under English law and the jurisdiction of the English courts.

This page, together with the documents expressly referred to within it, state the legal terms and conditions (‘Terms’) under which you may use any of our products. By placing an order for any products (‘Products’), you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from ordering via our website.

These Terms will apply to any contract for the sale of Products by us to you (the ‘Contract’). Please read through these Terms carefully before placing your order and retain a copy for future reference.

Please note, before placing an order you are automatically agreeing to these Terms. If you have any questions relating to these Terms, please contact us.

We may revise these Terms at any time by updating this page. You should visit this page periodically to review the Terms because they are binding on you. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

Contract with Birch Pottery

When ordering a product on our website you will be guided through the process of placing an order by a series of simple instructions. Please take the time to read and check your order at each stage of the order process. You’ll have the opportunity to review your order and correct any errors before placing your order.

You complete and place your order by clicking on the button marked ‘Pay now’. After you place an order, you’ll receive an email confirmation from us acknowledging that we’ve received your order and setting out the details of your order.

By placing an order, you warrant that you’re legally capable of entering into a binding contract with us. You may only purchase Products from our websites if you are at least 18 years old.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on the Birch Pottery website, or because of our inability to obtain authorisation for your payment, we will inform you of this by email without undue delay and we will not process your order. If you have already paid for the Products, we will refund you the full amount without undue delay.

Description and price of products

We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Birch Pottery website, including our pottery and homeware, are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information (including the descriptions of Products) appearing on the website at a particular time may not always reflect the position at the time you place your order.

The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer, tablet or mobile phone (your ‘Device’) will display those colours accurately to reflect the colour of the Products. Your Products may vary slightly from those images.

We offer a large number of Products on and through the website. It’s always possible that, despite our reasonable efforts, some of the Products available on and through the Birch Pottery website may be incorrectly priced. We cannot confirm the price of a Product until your order is accepted by us.

If we discover an error in the price of the Product you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We are not obligated to provide the Products to you at the incorrect price.

Prices for our Products may change from time to time.

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.

The price of a Product does not include delivery charges, which are payable by you in addition. Our delivery charges are as quoted during the ordering process, and before you place your order.

Payment

We use the services of a payment provider for all online purchases. At no time do we have access to your card details. All correspondence in respect of payment issues should be directed to the payment provider.

Promotional discounts

Offers and promotional discount codes offered by us are valid only for use as part of a purchase made through the website, unless otherwise stated, and cannot be combined with other offers or applied to past purchases. Such promotional discounts are not valid for use as part of a purchase in retail outlets or shops.

Offers and promotional discounts are only available subject to their specific terms and conditions, shown on the Birch Pottery website.

Your right to cancel

If you are a consumer (that is, you enter into the Contract for a purpose outside your trade, business or profession), you have a legal right to cancel the Contract, without giving any reason, during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

However, this cancellation right does not apply in the case of Products which have been personalised to your specification.

To cancel a Contract, you must inform us by giving a clear statement of your decision to cancel. You can inform us in writing by sending an email to birchpottery@outlook.com or by letter to Birch Pottery , 1 Church Road, Felixstowe, IP11 9NF.

You may wish to keep a copy of your cancellation notification for your own records.

(Any subsequent calls may be monitored for quality and training purposes. Please note, our customer services team only speaks English.)

If you send us your cancellation notice by email or letter, then your cancellation is effective from the date you sent the email/letter to us.

Effects of cancellation

If you cancel the Contract, we will refund to you all payments you have made to us under the Contract, excluding delivery costs.

We will refund you without undue delay, and in any event no later than 14 days after we have received the Product(s) from you. We will refund you using the payment method you used to pay for the Product(s). You will not have to pay any fees as result of the refund.

Returns procedure

Once we have received your returns request, please send the Product(s) back to us at our postal address; if it is a piece of pottery, please arrange a courier and provide us with the tracking information so we can monitor the Product’s return. You will have to cover the cost of returning a Product.

If the value of the Product has been reduced by any amount as a result of your handling of it (beyond what is necessary to establish the nature, characteristics and functioning of the Product), we may recover that amount from you. We may deduct this amount from any refund that we give to you.

Please note, your right to cancel does not depend on complying with these requests but complying will assist us in ensuring that your refund is processed promptly.

Defective products

We are under a legal duty to supply you with Products which are of satisfactory quality, fit for purpose and in conformity with our Contract with you i.e. match the description (‘Expected Standards’) and we will use our reasonable endeavours to do so, taking into account all the relevant factors in the nature and manufacture of the Products supplied. Products which do not meet these Expected Standards are described as 'defective' for the purpose of explaining your rights to a replacement or refund, as below:

We endeavour to secure high standards of materials and workmanship. If you receive any Products from us which can be shown to have had any defect of materials or workmanship at the time we dispatched the Products to you, or do not meet the Expected Standards as described above, you should notify us in writing at the address or email address shown below in the Contact section within 14 days from delivery (or, if you are a resident of an EU member state other than the UK, any longer period which may apply under the law of the state in which you reside).

Following receipt of such notification (and if we require, return of the defective Products) you have the option to receive replacement Products (where applicable) free of charge or we will offer you a refund for the affected Products, as set out in the ‘Refunds Procedure for Defective Products’ section below. Replacements will be provided within a reasonable time and without causing significant inconvenience to you. If you choose to receive a replacement, this 14 day period is paused to enable you to receive your replacement and check it is acceptable.

Where Products are described as not of first quality (i.e. ‘seconds’) before purchase, you also have 14 days to notify us if the Products are defective (or, if you are a resident of an EU member state other than the UK, any longer period which may apply under the law of the state in which you reside).

However, if you would like the option of a replacement, the sooner you notify us the more likely we will be able to provide this as, due to the nature of these products and limited stock, replacements may not be available. In this instance, only a refund will be offered, as set out in the ‘Refunds for Defective Products’ section below. The above rights to a replacement or refund for defective Products do not apply to any flaws or defects in any Products described as not of first quality that were described to you on the Access Points before you placed your order.

Our replacement or refund policy for defective Products will not apply to:

Any defect in the Products arising from:
- fair wear and tear;
- wilful damage, incorrect handling or storage, misuse, accident, negligence by you or any third party;
- use other than recommended by us and/or failure to follow our instructions; or
- any incorrect information or specification supplied by you; and
Products which you have not paid for.

Please note the following:

You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession; and
Products purchased from the Birch Pottery website can only be returned directly to Birch Pottery and not to subsidiaries, independent retailers, concessions, stockists, factory shops or alike.

Refunds for defective products

Where we refund the price of any Products that are defective or do not meet the Expected Standards, we will refund the price of the Products in full. We will refund you without undue delay, and in any event no later than 14 days after we have agreed that you are entitled to a refund.

We will instruct the payment provider used to refund you on the credit card or debit card used by you to pay.

Our returns and refunds policy does not affect your statutory rights.

Risk and title

From the completion of delivery to you, you will be responsible for the Products and for any loss or damage to them.

You will become the owner of the Products once we have received payment in full, including all applicable delivery charges.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

The Terms under this section do not affect your statutory rights if you are dealing as a consumer when purchasing goods.

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

We have no liability for loss arising from:

any Products which after delivery have been subjected to wilful damage, incorrect handling or storage, accident, negligence by you or by any third party; or
any failure by you to operate or use the Products in accordance with our instructions.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

While we do use industry standard software and systems, we do not warrant that the Birch Pottery website will operate error-free nor that the website and servers are free of computer viruses. If your use of the Birch Pottery website results in the need for servicing or replacing any data or equipment (including your Device), we are not responsible for those costs.

We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 9 to 17 (as applicable to the Products we supply) of the Consumer Rights Act 2015;
breach of the terms implied by section 28 and 29 of the Consumer Rights Act 2015 (delivery of goods and passing of risk); and
defective products under the Consumer Protection Act 1987.

Except for death or personal injury caused by our negligence, to the extent permitted by law, our liability under or in connection with any Contract shall in no circumstances exceed the invoice value for that Contract.

Our liability will not be limited in circumstances where it would be unlawful to do so.

Use of the Birch Pottery website

You agree to fully indemnify, and keep indemnified, us, our officers, directors, employees, agents and suppliers immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of the use of these Terms or any other liabilities arising out of your use of the Birch Pottery website, or the use by any other person accessing the Birch Pottery website using your personal information.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You must notify us immediately if you know or suspect that anyone else knows your user identification code or password. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms.

Intellectual property

We are the owner or the licensee of all intellectual property rights in the Birch Pottery website and in the material published on the site, including, without limitation, all pictures, designs, logos, photographs and written text. These works are protected by copyright, trademarks and other intellectual property rights. All such rights are reserved. Unauthorised use of these intellectual property rights is prohibited.

Our ‘access points’ change regularly

We define access points as our website, email communications, newsletter and social media channels. We aim to update the Birch Pottery website regularly and may change the content at any time. If the need arises, we may suspend access to the website, or close it indefinitely.

Reliance on information posted

While we use all reasonable endeavours to keep the information on the Birch Pottery website accurate and up to date, the material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy.

Materials on the Birch Pottery website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any materials by any visitor to the Birch Pottery website or by anyone who may be informed of any of those materials.

Your information

We process information about you in accordance with our privacy policy. By using the Birch Pottery website you consent to such processing.

You warrant that all data provided on the website by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by contacting us at Birchpottery@outlook.com.

Like many websites, this website use Cookies. For further information please see our Cookie policy as stated in our privacy policy.

Viruses, hacking and other offences

You must not misuse or attack our website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, servers, or any other computer or database connected with the website.

By breaching this provision, you may be committing a criminal offence and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the website will cease immediately.

We will not be liable for any loss or damage caused by a denial of service attack directed at the website, viruses or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of the website or any material posted on it, or on any websites, applications, or other online or wireless media linked to it.

Links from the access points

Where the website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content, policies and practices of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Contact

In the event a complaint has not been resolved by the procedures above, please follow our complaints policy which is to refer the matter to the Managing Director at the registered address.