Terms of service

My Clay Table
Terms of Sale 

Hello. This is Nicola Hursthouse trading as My Clay Table (called we, us or our below). Here are our Terms of Sale (called Terms below) that apply to any product (including custom made products) (called Products below), services or workshops (collectively called Services) you (called you or your below) purchase from us through any means, including our website (www.myclaytable.co.nz), email, or in-person transactions. You accept these Terms by placing an order for Products or Services.  

How to place orders 
▪To place an order for products displayed on our website, add the product to your cart and make payment at the checkout on our website,  
▪ To purchase a ticket for a public workshop, add the workshop ticket to your cart and make payment at the checkout on our website,  
▪ To purchase a custom order product, email us at hello@myclaytable.co.nz specifying design details, size, glaze, and other preferences, we will confirm order details, estimated completion time and price, 
▪ To purchase a private workshop (either 1:1 or group), email us at hello@myclaytable.co.nz, your order will be confirmed via email and you will be invoiced manually. 

All orders are accepted by us when we receive full payment, subject to our right to cancel outlined in these Terms. 

Purchase of Products from Website 
▪ We may limit the total number of a product you can purchase in one transaction. 
▪ We reserve the right to cancel or refuse any order at our sole discretion. If we cancel an order after payment has been processed, we will refund you using the same payment method within 30 business days. We are not responsible for any losses, damages, or expenses resulting from order cancellations or our inability to fulfil orders. 

Product delivery and collection
▪ We will dispatch all Products after we receive full payment (and in the case of custom orders, when the product has been produced and is available for delivery). We may dispatch your order in one delivery or in instalments.
▪ We use a third-party courier service to deliver our Products. Products are only available for delivery in New Zealand. Products can only be delivered to street addresses (not PO Box addresses).
▪ An estimated delivery time frame will be provided to your following your purchase. However, this is not guaranteed. We are not responsible for delays in delivery caused by someone else. Please contact us if you have not received your Product(s) within this timeframe so we can help track it down.  
▪ If a Product is lost or damaged in transit, we will offer you a replacement or refund. ▪ Please ensure the correct shipping address is provided.  Re-delivery fees may apply if an incorrect address is supplied.
▪ Delivery is complete when a Product has been delivered to the address you provide or collect the Product yourself.  
▪ After delivery, you are responsible for the Product (and you will need to obtain any insurance you need).
▪ You may elect to collect your Product from our studio. If you fail to collect your Product within six weeks of being advised it is ready for collection, we will be entitled to charge a reasonable storage fee or may dispose of your Product. 

Returns and exchanges  
▪ Returns are not accepted for change of mind.
▪ Product images and descriptions on our website or otherwise provided to you are for reference only. Due to the handmade nature of ceramics, minor variations in colour, texture, and size may occur.  You acknowledge that such variations do not constitute defects and do not qualify for refunds or exchanges.  
▪ You may return a Product if it is defective, damaged or faulty, or it is not what you ordered. Please inspect the Product on delivery and let us know of any defects or damage as soon as possible by emailing hello@myclaytable.co.nz and describing the fault. Please include the order number and photos of the fault (if possible). We may also ask you to send the Product back to us and, if the Product is confirmed as faulty or incorrect, we will refund you any postage fees.
▪ If the Product fault is not substantial and can be remedied, we will choose to provide you with a replacement, repair or refund. If the fault is substantial and cannot be remedied, you are entitled to choose a refund or replacement. Any refunds will be provided to the original payment method.  
▪ All tickets for workshops (both group and private) are non-refundable unless required by law. However, you may transfer your workshop ticket to someone else, provided you let us know prior to the workshop date and provide the name and contact details of the person taking your place at the workshop.
▪ No refunds are provided for failed firings unless the failure is due to negligence by the business (e.g., incorrect kiln settings) or required by law. 

Pricing
▪ All prices displayed on the website or quoted in emails or in invoices are in NZ dollars and are inclusive of any goods and services tax payable under the New Zealand Goods and Services Tax Act 1985.  
▪ Pricing for custom order products, private workshops and firing service is as displayed on our website or as quoted individually based on specifications and requirements.
▪ Prices are subject to change without prior notice. If we become aware of an error with a displayed price, we will fix it immediately. All prices for products and workshop tickets purchased via our website are as shown on the website unless we have made an obvious mistake with a price. If there is an obvious mistake (such as we have charged much less than what the price should have been), we may cancel an order you have placed.
▪ Delivery charges for Products are calculated on the subtotal of your order (less any discount or reduction due to promotional pricing) when you check out. We will tell you the delivery charge before you pay. Delivery charges may vary depending on the delivery address you provide and the total amount you spend.     

Promotions  
▪ We may sometimes offer a lower price for a non-custom order Product for a set period of time. The following terms apply to promotions:  - - - A promotion will usually finish at the end of the promotion period or when stock is sold out (whatever happens first). However, we may choose to end a promotion early. We may sometimes run a short promotion without an expiry date (eg. to clear stock).  All promotion dates and times are New Zealand standard time.  If a promotion has a minimum purchase requirement, GST and delivery fees will not count towards the minimum purchase amount.
▪ To use a discount code, you must meet the requirements of the promotion (as set out in the promotion). A discount code cannot be transferred to another customer, is only valid for the stated period (unless cancelled earlier by us) and cannot be resold or exchanged for cash. You can only use one discount code per order.  
▪ Additional terms and conditions may also apply to promotions and giveaways, we will post these on our website. 

Payment  
▪ You must pay for non-custom order Products and public group workshop tickets using Shop Pay. . Shop Pay’s terms and conditions will also apply to your transaction.   ▪ For custom order products with a price of more than $800 (plus GST), a deposit of 50% of the price is payable on acceptance of your order, and the balance is payable when the product is ready for collection. For custom order products with a price of less than $800 (plus GST), the full amount of the price is payable when the product is ready for collection. Custom order products will not be released to you until full payment is received.  
▪ For private workshops, we will invoice you on confirmation of your booking and full payment must be made on receipt of the invoice (and no later than 48 hours prior to the workshop date). Failure to pay on time will result in cancellation of your workshop. ▪ For firing services, we will invoice you when your piece is ready to be collected. Full payment must be made within 7 days of the date of our invoice or prior to you collecting your piece, whichever is the earlier.
▪ We reserve the right to charge late payment fees of 1% per month on overdue amounts and to suspend services until payment is received in full. 

Protection of our Intellectual Property  
▪ In this section, Intellectual Property Rights means any patents, know-how, trademarks, branding, trade secrets, copyrights, product designs or other proprietary rights, including any rights in written or artistic work and all associated intangible assets created as a by-product, registered or not.  
▪ All Intellectual Property Rights in the Products and Services we provide to you are owned exclusively by us and may not be copied or reproduced, including all workshop materials.
▪ We may use images of the custom order products for marketing purposes (unless you request otherwise in writing).
▪ We may take photos during workshops and use them for marketing purposes (unless you have advised us in writing you do not consent to the use of your images). 

Your responsibility for Product use  
▪ You must only use a Product for its intended purpose and you must comply with any instructions on a Product or its packaging. If you use a Product for any other purpose you take responsibility for the result.
▪ If a Product is subject to a recall, you must follow any reasonable instructions we provide (which may include returning or destroying a Product) and usually we will provide you a refund. 

Workshops
▪ This section applies solely to public or private workshops provided by us.
▪ Our group workshops require a minimum of 4 participants. If the minimum number is not met, we may, at our discretion, (a) proceed with the workshop at the scheduled time, (b) reschedule to an alternative date, or (c) cancel the workshop and provide a full refund. We will notify you of any changes at least 24 hours before the scheduled workshop time.
▪ Workshops are held at various locations. The location for your workshop will be specified at the time of your purchase. Whilst we endeavour to use venues that are wheelchair and stroller accessible, that will not always be the case and we recommend you check with us if you have accessibility needs. For safety reasons and the comfort of other customers, pets (other than working dogs) are not permitted to accompany you.  
▪ Some of our workshops are limited to adults over 18 years. This will be specified at the time of your purchase. All other workshops require children to be over 5 years to participate but anyone under 16 years old must be accompanied by a participating adult who is over 18 years old.
▪ You agree to follow all safety instructions, and workshop guidelines, and ensure any children in your care do the same. You acknowledge that ceramics activities involve inherent risks including but not limited to use of tools, equipment, and high-temperature kilns. We may cancel your right to participate in the workshop (or any part of it), without compensation to you, if you are under the influence of alcohol or drugs, you are unruly or disrespectful to the other participants, or, in our opinion, your behaviour makes it unsafe for you to continue the workshop. You consent to receive medical treatment in the case of injury, accident or illness during the workshop and to reimburse us the cost of such treatment.
▪ We reserve the right to cancel or reschedule a workshop due to unforeseen circumstances (e.g., illness, or force majeure). If cancelled, you will be offered a full refund or an alternative workshop date.
▪ You may take photos/videos of your work or yourself during the workshop for personal use but cannot distribute or use them commercially.  

Firing Service
▪ This section applies solely to firing services provided by us. We load, fire and unload your pieces for you.
▪ If your piece is fragile, you may drop it off while slightly damp and we can dry it out. However, we do not accept wrapped damp or bone-dry greenware. All pieces are fired only when bone dry.
▪ We fire general work to cone 06 for bisque and cone 6 for glaze.
▪ You must ensure that your pieces are made from lead-free glaze suitable for our firing process . We are not responsible for damage caused by unsuitable materials.
▪ Firing ceramics involves inherent risks, such as cracking, warping, glaze defects. You acknowledge that even well-made pieces can break or be affected by the firing process. We will take reasonable care in handling and firing pieces but are not liable for damage or loss due to firing-related issues.
▪ If your piece causes damage to the kiln (e.g., excessive glaze running onto kiln shelves, explosions due to air pockets in clay), you may be charged for the repair or replacement of damaged equipment. 

Our Guarantees
 ▪ We guarantee all Products and Services will meet the guarantees implied by law in the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (Consumer Law).
▪ Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law. If you think we haven’t met our obligations under Consumer Law, please email us explaining why. If we agree, we will provide you with a remedy as required by law.  
▪ Other than as set out in these Terms or required by law, we do not provide any warranties or guarantees for our Products or Services or any deliverables provided in connection with our Services. 

Liability
▪ We will not pay you any more than we are required to under Consumer Law for any costs or other loss you experience related to any Products or Services you purchase from us. To the greatest extent permitted by law, our liability is limited to the price you have paid for the relevant Product or Service.
▪ We are not responsible for delays or cancellations due to circumstances beyond our control (e.g., equipment failure, power outages, lack of availability of materials, natural disasters, pandemics).
▪ You acknowledge that Products may not be an exact replica of reference images or prior works. We are not responsible for dissatisfaction arising from natural variations inherent in handcrafted ceramics.
▪ We are not liable for any claims, liability or injury resulting from your failure to follow safety instructions or guidelines in our workshops.  
▪ You indemnify us for any claims made by third parties against us because of your use of our Products or Services, or your breach of these Terms.  

Changes to the Terms
We may change these Terms at any time by posting the new Terms on the website. The new Terms will apply to any Products or Services purchased after the new Terms are uploaded. You should check the latest version of the Terms before you purchase any Products or Services.     

Our other terms
Our Website Terms (available at www.myclaytable.co.nz) also apply to your use of the website. Our privacy policy (available at www.myclaytable.co.nz) sets out our commitments regarding personal information we collect from you. 

The law that applies to these Terms
New Zealand law applies to these Terms. Any dispute relating to these Terms that we cannot resolve with you must be resolved in the New Zealand courts. Although the website may be accessed from countries outside New Zealand, we cannot guarantee the Products or Services comply with the laws in any country other than New Zealand.