Terms of service

General
Prices - All prices 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

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):

Waikato Ceramics T/A Kiwi Underglaze
829 Whitikahu Road
RD2
Taupiri
3792

Liability
Waikato Ceramics T/A Kiwi Underglaze 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 Waikato Ceramics 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. Waikato Ceramics 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 Waikato Ceramics T/A Kiwi Underglaze within 48 hours of receiving your order. In the instance a product is damaged, Waikato Ceramics 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@kiwiunderglaze.com
Take pictures of the packaging and damaged product and submit to sales@kiwiunderglaze.com
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@kiwiunderglaze.com 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@kiwiunderglaze.com with your order number and request a cancellation.

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.

Mobile Terms of Service
The Kiwi Underglaze mobile message service (the "Service") is operated by Kiwi Underglaze (“Kiwi Underglaze”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Kiwi Underglaze’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kiwi Underglaze through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kiwi Underglaze. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time by clicking the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kiwi Underglaze mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email sales@kiwiunderglaze.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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.

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