Terms of service

TERMS OF SERVICE

OVERVIEW
This website is operated by Backyard Ceramics. Throughout the site, the terms “we”, “us” and “our” refer to Backyard Ceramics. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Continued use of the website following any updates constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your country, region or district, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose. You must not violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.

You must not transmit any viruses, worms, or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted over various networks and adapted to meet technical requirements. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without express written permission from us.

Headings used in this agreement are for convenience and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is inaccurate, incomplete or not current. The material on this site is provided for general information only and should not be solely relied upon for making decisions.

This site may contain historical information which is provided for reference only. We reserve the right to modify the site’s contents at any time without obligation to update any information. It is your responsibility to monitor changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of it) without notice at any time.

We shall not be liable for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products may be available exclusively online and in limited quantities. These are subject to return or replacement only in line with our Returns and Defects Policy: [LINK TO RETURNS POLICY]

We make every effort to display products and colours as accurately as possible. We cannot guarantee your device’s screen will reflect colours accurately.

We reserve the right to:

  • Limit the sale of products or services to any person, region, or jurisdiction.

  • Limit quantities of any products or services we offer.

  • Discontinue any product at any time.

  • Adjust pricing or product descriptions without notice.

We do not warrant that any product, service, or information will meet your expectations.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or limit any order you place. This may apply to orders placed under the same customer account, credit card, or shipping address.

If we make changes or cancel an order, we will attempt to notify you via the email, billing address or phone number provided.

You agree to provide accurate and up-to-date purchase and account information. You must keep your email, billing details and credit card information current so we can complete your transactions and contact you if needed.

For more information, please review our [Returns and Defects Policy].

SECTION 7 - OPTIONAL TOOLS

We may offer access to third-party tools that we do not monitor or control.

You acknowledge and agree that we provide such tools “as is” and “as available,” without warranties or endorsements. Use of these tools is entirely at your own risk and subject to the third-party providers’ terms.

Future features or services added to the website will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Some content or services may include materials from third parties. We are not responsible for third-party websites or materials, and we do not accept liability for any transactions made through them.

Review third-party policies carefully before engaging with them. Any concerns should be directed to the third party directly.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative content (e.g. ideas, feedback, or suggestions), whether requested or not, you agree that we may use it without restriction or compensation.

We may, but are not obligated to, monitor or remove content we deem inappropriate, unlawful, or in violation of these Terms.

You are responsible for your submissions and agree not to post anything offensive, unlawful, or harmful. We accept no liability for content submitted by users.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be errors or omissions in product details, pricing, or availability.

We reserve the right to correct any errors and to cancel or update orders accordingly, at any time, without prior notice.

We are not obligated to update any information unless required by law.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content for any unlawful or prohibited purpose, including but not limited to:

  • Violating any laws or regulations

  • Infringing on intellectual property

  • Harassing or discriminating against others

  • Uploading malicious code

  • Spamming or phishing

  • Interfering with site security or services

Violation may result in termination of access to our services.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted, secure, or error-free.

Your use of the Service is at your own risk. All products and services are provided "as is" and "as available," without warranties of any kind.

Backyard Ceramics and its team are not liable for any loss or damages arising from your use of the Service or any product, to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Backyard Ceramics and its affiliates, staff, and service providers from any claim or demand arising from your breach of these Terms or your violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any part of these Terms is deemed unlawful or unenforceable, it shall be severed, and the remainder shall remain valid and enforceable.

SECTION 16 - TERMINATION

These Terms remain in effect unless terminated by either party. You may terminate by ceasing use of the site. We may terminate this agreement at any time if you breach any Terms.

SECTION 17 - ENTIRE AGREEMENT

These Terms and any policies posted by us constitute the entire agreement between you and Backyard Ceramics, superseding any prior agreements.

SECTION 18 - GOVERNING LAW

These Terms shall be governed by the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page. We reserve the right to update or change these Terms, and it is your responsibility to check for updates.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to:
info@backyardceramics.co.nz