TERMS AND CONDITIONS

PRIVACY POLICY

YOUR PRIVACY IS OF THE HIGHEST IMPORTANCE TO US, AND WE PROMISE NEVER TO RELEASE YOUR PERSONAL DETAILS TO ANY OUTSIDE COMPANY FOR MAILING OR MARKETING PURPOSES. WHEN YOU MAKE A PURCHASE FROM OUR WEBSITE, WE COLLECT CERTAIN PERSONAL INFORMATION FROM YOU (FOR EXAMPLE: YOUR NAME, EMAIL ADDRESS, PAYMENT ADDRESS AND DETAILS). ALL SUCH INFORMATION IS HELD ON SECURE SERVERS. WE COMPLY FULLY WITH ALL APPLICABLE DATA PROTECTION AND CONSUMER LEGISLATION, AND WILL TREAT ALL YOUR PERSONAL INFORMATION AS FULLY CONFIDENTIAL. WE ABIDE BY THE NEW ZEALAND PRIVACY ACT.

WHEN YOU BUY FROM MAC'S MUD CLAY COMPANY WE GUARANTEE THAT ALL PURCHASE TRANSACTIONS ARE COMPLETELY SECURE TRANSACTIONS. OUR SHOPPING CART AND CHECKOUT SYSTEM USES ENCRYPTION AND SECURE SOCKETS LAYER (SSL), SECURITY FEATURES ENSURING THAT YOUR TRANSACTIONS ARE SECURE.

THERE ARE A FEW CASES WHERE WE WILL SHARE INFORMATION WITH OUR SUPPLIERS IF NECESSARY TO FULFILL YOUR ORDER OR SOLVE A PROBLEM. FOR EXAMPLE WE MAY PASS YOUR ADDRESS ONTO A SUPPLIER IF YOU NEED SUPPORT IN ANY WAY.

INFORMATION IS AVAILABLE TO COMPANIES INVOLVED IN THE CHECKOUT PROCESS SUCH AS SHOPPING CART, CREDIT CARD COMPANIES, AND PAYPAL.

THESE PARTNERS HAVE ALSO PLEDGED NOT TO SELL OR GIVE AWAY YOUR INFORMATION.

SHIPPING

YOUR SHIPPING WILL BE CALCULATED AT CHECKOUT AFTER YOU ENTER YOUR NAME AND ADDRESS. THE FINAL SHIPPING COST ALSO INCLUDES A PACKAGING AND HANDLING CHARGE.

IN NEW ZEALAND OUR PRIMARY SHIPPING METHOD IS BY POST HASTE COURIERS. POST HASTE IS ECONOMICAL, AND PACKAGES ARE TRACKED. HOWEVER, WE MAY USE NEW ZEALAND POST OR ANOTHER COURIER SERVICE AT OUR DISCRETION. THIS WILL NOT AFFECT YOUR SHIPPING COST AND YOU WILL STILL BE CHARGED THE AMOUNT THAT WAS IN YOUR SHOPPING CART AT THE TIME OF ORDER.

WE DO NOT UNDERTAKE INTERNATIONAL SHIPPING.

MOST ORDERS ARE SHIPPED AND PROCESSED WITHIN THE SAME DAY OR 24 HOURS FROM THE MOMENT WE RECEIVE THEM. HOWEVER PLEASE NOTE THAT OUR PREMISES ARE IN A RURAL LOCATION, WHICH MEANS YOUR PARCEL WILL TAKE AN EXTRA DAY OR TWO TO REACH YOU COMPARED TO 'TOWN TO TOWN' DELIVERY. ANOTHER REASON FOR A DELAY IS THAT SOMETIMES ITEMS ARE OUT OF STOCK, AND IF WE EXPECT THEM SOON WE MAY HOLD THE ORDER UNTIL THEY ARRIVE.

HEAVY OR FRAGILE ITEMS (SUCH AS LARGE QUANTITIES OF CLAY OR RAW MATERIALS) WILL SHIP BY TRUCK. WE WILL CONTACT YOU TO MAKE ARRANGEMENTS AND DISCUSS COSTS.

UNDELIVERED OR RETURNED PACKAGES

PLEASE CHECK YOUR ADDRESS CAREFULLY. IF A PACKAGE SHIPPED TO YOU IS NOT DELIVERABLE AT THE ADDRESS YOU PROVIDED, YOU MAY BE CHARGED A RE-ADDRESSING FEE. IF THE ADDRESS CANNOT BE FOUND AND THE PACKAGE IS RETURNED TO US, YOU WILL BE CHARGED FOR BOTH THE ORIGINAL SHIPPING COST, AND THE RETURN SHIPPING COST. PLEASE DOUBLE-CHECK THE ADDRESSES YOU PROVIDE WHEN ORDERING. FOR TRUCK SHIPMENTS, SIMILAR RULES APPLY, BUT AT POSSIBLY HIGHER COST.

SHIPPING LOCATION
ALL GOODS ARE SHIPPED FROM (AND RETURNED TO IF UNDELIVERED):

MACS MUD CLAY COMPANY
1961 ORINI ROAD
ORINI
TAUPIRI

LIABILITY

MAC'S MUD CLAY COMPANY IS NOT RESPONSIBLE FOR LOSS OR DAMAGES CAUSED BY USE OF ANY PRODUCTS WE SELL. MATERIALS (ESPECIALLY CLAY, GLAZES AND RAW MATERIALS) MAY VARY AND MAY NOT ALWAYS PERFORM THE SAME FROM BATCH TO BATCH. MATTERS INCLUDING (BUT NOT LIMITED TO) STORAGE, TECHNIQUE, KILN TYPES, AND FIRING SCHEDULES ARE ALL OUTSIDE OF THE CONTROL OF MAC'S MUD CLAY COMPANY BUT MAY AFFECT THE WAY IN WHICH A PRODUCT PERFORMS. USERS ARE ENCOURAGED TO ALWAYS TEST BEFORE USING ANY LARGE QUANTITY OF MATERIAL, AND ARE NEVER TO ASSUME A MATERIAL OR OTHER PRODUCT WILL PERFORM AS DESCRIBED UNTIL TESTED.

IF ERRORS IN PRICING ARE SHOWN ON THE WEBSITE, WE RESERVE THE RIGHT TO NOT SELL AT THE LISTED PRICE.

WE RESERVE THE RIGHT TO WITHDRAW OR SUSPEND ANY PRODUCT DISPLAYED ON THE WEBSITE FROM SALE EITHER TEMPORARILY OR PERMANENTLY AT ANY TIME WITHOUT NOTICE TO YOU. MAC'S MUD CLAY COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOSS YOU OR ANY THIRD PARTY SUFFER AS A RESULT OF A WITHDRAWAL OR SUSPENSION OF AVAILABILITY WITH RESPECT TO A PARTICULAR PRODUCT.

DAMAGES

ALL DAMAGES MUST BE REPORTED TO MAC'S MUD CLAY COMPANY WITHIN 48 HOURS OF RECEIVING YOUR ORDER. IN THE INSTANCE A PRODUCT IS DAMAGED, MAC'S MUD CLAY COMPANY WILL HANDLE THE CLAIMS PROCESS FOR YOU AND RE-SHIP THE ITEM AS SOON AS POSSIBLE. DAMAGES MUST BE REPORTED WITHIN 48 HOURS OF RECEIVING YOUR SHIPMENT, NO EXCEPTIONS. IF DAMAGE TO YOUR ORDER IS DISCOVERED, PLEASE DOCUMENT THE DAMAGES IN WRITING AND SUBMIT IT TO SALES@MACSMUD.CO.NZ

TAKE PICTURES OF THE PACKAGING AND DAMAGED PRODUCT AND SUBMIT TO SALES@MACSMUD.CO.NZ

IF YOUR ORDER IS BEING DELIVERED BY TRUCK, BE SURE TO INSPECT THE DELIVERY THOROUGHLY, DOCUMENTING ANY CONCERNS, BEFORE SIGNING OFF ON THE DELIVERY RECEIPT. UNDOCUMENTED DAMAGES REPORTED AFTER SIGNING WILL BE ASSUMED TO HAVE OCCURRED WHILE THE DELIVERY WAS IN YOUR POSSESSION AND WILL NOT BE ELIGIBLE FOR A CLAIM.

ORDER DISCREPANCIES

UNFORTUNATELY, ORDER DISCREPANCIES DO OCCUR FROM TIME TO TIME. PLEASE E-MAIL SALES@MACSMUD.CO.NZ AS SOON AS POSSIBLE WITH ANY ORDER DISCREPANCIES AND WE WILL CORRECT THEM AS QUICKLY AS POSSIBLE AT NO CHARGE TO YOU. ORDER DISCREPANCIES MUST BE REPORTED WITHIN FIVE (5) DAYS OF RECEIVING YOUR ORDER. IN THE UNLIKELY EVENT THAT WE HAVE SENT YOU THE WRONG PRODUCT WE WILL REPLACE THE PRODUCT AT NO CHARGE.

CANCELLATIONS

IF YOU WISH TO CANCEL AN ITEM OR ORDER BEFORE IT HAS SHIPPED, WE WILL TRY TO ACCOMMODATE YOU. HOWEVER, ONCE AN ORDER HAS SHIPPED, THE RETURN POLICY APPLIES. TO CANCEL AN ITEM OR AN ORDER, PLEASE CALL 07 856 8890 OR EMAIL SALES@MACSMUD.CO.NZ WITH YOUR ORDER NUMBER AND REQUEST A CANCELLATION.

REFUNDS POLICY

EXCEPT IN THE CASE OF "OUT OF STOCK" PRODUCTS, ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS OR EXCHANGES FOR INCORRECT PURCHASES OR CHANGE OF MIND ONCE THE ORDER HAS BEEN SENT. PLEASE CONTACT MAC'S MUD CLAY COMPANY PH 07 856 8890 FOR ANY PRODUCT DESCRIPTIONS THAT NEED CLARIFYING. FOR INSTANCE, COLOUR DEPICTED ONLINE CANNOT BE GUARANTEED DUE TO VARIANCES BEYOND OUR CONTROL SUCH AS COMPUTER MONITOR SETTINGS. IN THE UNLIKELY EVENT THAT WE HAVE SENT YOU THE WRONG PRODUCT WE WILL REPLACE THE PRODUCT AT NO CHARGE.

YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, SOME PRODUCTS ON THE WEBSITE MAY BE OUT OF STOCK OR UNAVAILABLE AND WE MAY NOT BE ABLE TO FULFILL ALL OR PART OF YOUR ORDER. IF THIS OCCURS, MAC'S MUD CLAY COMPANY WILL CONTACT YOU WITHIN FIVE (5) BUSINESS DAYS TO ARRANGE A FULL OR PARTIAL REFUND. WE WILL USE REASONABLE ENDEAVORS TO PROCESS THE REFUND WITHIN FIVE (5) BUSINESS DAYS. YOUR RECEIPT OF YOUR REFUND WILL DEPEND ON THE PERIOD OF TIME IT TAKES YOUR FINANCIAL INSTITUTION TO FINALISE THE REFUND. MAC'S MUD CLAY COMPANY IS NOT LIABLE WITH RESPECT TO ANY LOSS YOU OR ANY THIRD PARTY MIGHT SUFFER AS A RESULT OF ANY DELAY IN PROCESSING YOUR REFUND.

GENERAL

PRICES - ALL PRICES ARE TO BE PAID IN NEW ZEALAND DOLLARS AND INCLUDE ANY GST (GOODS AND SERVICES TAX) PAYABLE UNDER THE GOODS AND SERVICES TAX ACT 1985 UNLESS EXPLICITLY STATED OTHERWISE. ANY ADDITIONAL TAXES OR LEVIES THAT ARE IMPOSED DUE TO YOUR GEOGRAPHICAL LOCATION ARE YOUR RESPONSIBILITY.

GOVERNING LAW - THE LAWS OF NEW ZEALAND GOVERN THESE TERMS AND CONDITIONS AND THE CONTRACTUAL RELATIONSHIP BETWEEN US. WE BOTH AGREE TO SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF NEW ZEALAND. RISK AND TITLE IN THE GOODS PASSES TO YOU UPON DELIVERY OF THE GOODS TO THE DELIVERY ADDRESS

COPYRIGHT

THE MATERIAL CONTAINED IN THIS WEBSITE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS THAT RESIDE WITH MAC'S MUD CLAY COMPANY. ANY REPRODUCTION, PUBLICATION, TRANSMISSION OR USE OF ANY OF THE CONTENTS OF THIS WEBSITE WITHOUT THE EXPRESS WRITTEN CONSENT OF MAC'S MUD CLAY COMPANY IS PROHIBITED.

ELECTRONIC COMMUNICATION

YOU CONSENT TO RECEIVING COMMUNICATIONS FROM US ELECTRONICALLY AND WE CONSENT TO RECEIVING COMMUNICATIONS FROM YOU ELECTRONICALLY. WE WILL COMMUNICATE WITH YOU BY EMAIL OR BY POSTING NOTICES ON THE WEBSITE.

NO WAIVER

IF WE DO NOT EXERCISE OR ENFORCE ANY RIGHT AVAILABLE TO US UNDER THESE TERMS AND CONDITIONS, IT DOES NOT CONSTITUTE A WAIVER OF THOSE RIGHTS.

SEVERABILITY

IF ANY PROVISION OR PART THEREOF OF THESE TERMS AND CONDITIONS BECOMES OR IS HELD TO BE INVALID, UNENFORCEABLE OR ILLEGAL FOR ANY REASON, THAT PROVISION OR PART THEREOF SHALL BE SEVERED FROM THE REMAINING TERMS AND CONDITIONS, WHICH SHALL CONTINUE IN FULL FORCE AND EFFECT.

DISCLAIMER & INDEMNITY

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAWS, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR RELATED COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE WEBSITE, CONTENT OR ANY RELATED SERVICES. THIS INCLUDES VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS WEBSITE, YOUR USE OF OR RELIANCE ON THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THIS WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. BY YOUR USE OF THIS WEBSITE, YOU AGREE THAT YOU ARE USING THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO INDEMNIFY AND HOLD US (AND OUR OFFICERS, DIRECTORS, AGENTS, RELATED COMPANIES, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, FOR OR ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.