Terms of service. 

Neighbourhood Ceramics ABN 62 147 496 308

FOR PURCHASING PRODUCTS from Neighbourhood Ceramics AND EXPLORING our website

Welcome to Neighbourhood Ceramics! If you’d like an overview of our terms of service, check out our Frequently Asked Questions.

In these terms, we refer to ourselves as “we,” “our,” or “us,” while you are referred to as “you.”

What do these terms cover?

These terms are applicable when you use our website, which can be found at https://neighbourhoodceramics.com.au, as well as any other websites we manage under the same domain name with different extensions (“Website”).

They also apply when you buy our products through this Website (“Products”) or through other sales methods, including email and phone.

If you’re interested in our Privacy Policy, which we adhere to and you agree to follow, you can find it on our Website.

We’ve organised these terms into two sections for clarity and ease of understanding:

  • PART A: Terms applicable when you purchase Products (relevant during purchases)

  • PART B: Terms for browsing and interacting with this Website (relevant while browsing)

If you have any questions about these terms, please reach out to us. Do not use this Website or buy any Products unless you have read and accepted these terms.

If I return to your shop, do I need to read these terms again?

When you place an Order, the terms in Part A that were accepted at the time of sale will apply to your purchase of those Products. Keep in mind that we may modify any part of these terms at any time by updating this page. This means that different terms might apply the next time you visit the Website or make a purchase. You can check the date at the top of the page to see when the terms were last updated.

PART A
FOR PURCHASING PRODUCTS

1. SUBMITTING AN ORDER

When you submit an order to purchase a Product via the Website or in writing (referred to as "Order"), you confirm that:

  • You have the legal capacity and are of sufficient age to enter into a binding contract with us.

  • You are authorized to use the debit or credit card associated with your Order.

By placing an Order, you express your intent to enter into Part A of these terms (including Part C, which you agree to by using this Website), in which we will provide the Products you ordered in exchange for the total payment listed at checkout. Part A of these terms is not officially accepted until we have approved your payment and you receive an email from us confirming that your order is being processed.

2. ORDERS

(Orders are Final) Once an Order is submitted, it cannot be altered, and it is considered final. We are not responsible for any errors arising from verbal miscommunication regarding Orders. We recommend submitting all Orders in writing.

We aim to process Orders on the same day they are received; however, unexpected delays may occur due to high order volumes or other unforeseen circumstances. We cannot guarantee delivery times when using third-party services, as some factors are beyond our control.

(Stock Availability) Occasionally, an item you ordered may be out of stock. In such cases, we will reach out to discuss alternatives or issue a refund. If we cannot contact you for a refund, we will fulfill any part of the Order we can and provide a refund for any unavailable items. 

(Custom Orders) For custom orders, the details must be confirmed in writing. You are responsible for ensuring that your Order specifies (if applicable) the quantity, dimensions, colors, and specifications needed before accepting the Order. We will not be liable for issues arising from your failure to comply with this clause or for insufficient instructions.

(Bulk Orders) Discounts for bulk orders apply only to a single invoice and will not be split across multiple invoices.

(International Orders) Neighbourhood Ceramics reserves the right to decline international orders. Approved international orders may incur customs and import duties upon arrival in the destination country. You will be responsible for all customs and import duties, and failure to pay may result in your order being held at customs. We will not be liable for any costs associated with releasing your order from customs, including reimbursement for any duties you may pay.

3. PRODUCTS 

  1. (Products may vary from Website) Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website and images are only an indication of Products. We also use images from our manufacturers and wholesalers which may differ from the actual Products supplied. We will endeavour to ensure that our Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order.

  2. The stability and nature of our Products may be altered depending on storage conditions, or when used in combination with other ingredients. This is beyond our control and we strongly recommend testing prior to using any Products commercially. We do not accept any liability in this regard.

  3. (Manufactured Products Ingredient Disclaimer) As the availability of ingredients and raw materials is not always certain whether due to changes in nature or otherwise, we reserve the right to substitute alternate ingredients/raw materials in the manufacture of our Products and bases in order to maintain supply. You should always refer to the ingredients label as affixed to each Product or to specification sheets which are current at the time of supply of the Product.

  4. (Instructional information) Prior to use of any Product, you must always refer to any documents or information provided to you with the Products and current at the time of supply of the Product (including Material Safety Data Sheet / Specification Sheet/ ingredients label).

  5. The user of the Product is solely responsible for compliance with all laws and regulations applying to the use of the Products, including intellectual property rights of third parties.

  6. Until the price of your Products is paid in full, title in those Products is retained by Neighbourhood Ceramics. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

      

4. PAYMENT

All prices are:

  • per unit (unless stated otherwise);

  • in Australian Dollars;

  • exclusive of delivery and shipping fees; and

  • subject to change before you complete an Order without prior notice.

(Payment Obligations) Unless agreed otherwise in writing, payment for all Products must be made at the time of placing an Order and before delivery. We must receive payment confirmation before processing your Order. If you pay via direct deposit or money order, we may require you to send us verification of your payment.

(GST) Unless specified otherwise, amounts listed on the Website include GST. For any GST applicable to a taxable supply from Neighbourhood Ceramics, you are responsible for paying the GST, provided that Neighbourhood Ceramics issues a tax invoice.

(Card Surcharges) Neighbourhood Ceramics reserves the right to impose surcharges for payments made with credit, debit, or charge cards (including Visa, MasterCard, American Express, or Diners Club).

(Online Payment Partner) We may utilise third-party payment providers (Payment Providers) to process payments for Products. The handling of payments by the Payment Provider will be subject to their own terms, conditions, and privacy policies, and we are not responsible for the security or performance of the Payment Provider. We reserve the right to correct any errors in the payment collection process.

(Pricing Errors) If we identify an error or inaccuracy in the pricing of your order (including shipping costs), we will make every effort to contact you promptly. You will then have the option to proceed with the purchase at the correct price or to cancel your order. If you decide to cancel and your payment has already been processed, the full amount will be refunded to your original payment method.

5. DELIVERY AND SHIPPING

(Delivery Costs) Delivery fees will be added to your cart at checkout. The prices shown during checkout include delivery to the address you select.

(Delivery Issues) Third-party courier terms may apply to the delivery of Products. If you encounter any issues with courier delivery, please contact the delivery service provider (e.g., Australia Post) first. If they cannot assist, you may reach out to us, and we will do our best to help ensure your delivery arrives. All delivery times provided are estimates and may be affected by postal delays and factors beyond our control. We do not guarantee that your order will arrive within the indicated timeframes and are not liable for any loss or damage due to late deliveries. Unforeseen circumstances (such as natural disasters) may also affect your delivery. You have the option to select your delivery service on our Website.

(Delivery Estimates) The delivery times given to you or listed on our Website are only estimates. We cannot assure delivery by any specific date. Please keep this in mind when placing your order.

(Acceptance of Delivery) You must be available to receive the Products on the delivery date or permit that Neighbourhood Ceramics leave the order unattended. We may require you to sign for delivery or otherwise confirm receipt of the Products. It is your responsibility to ensure you are available for delivery or to pick up the Product. We accept no responsibility for delays in delivery or acceptance due to your actions. You are also responsible for providing us with accurate address information.

(Verification and Acceptance of Orders) Upon receiving your Order, you should verify that it matches what you ordered. Any issues such as claims, errors, or discrepancies must be reported immediately. All Orders will be considered accepted within 7 days of delivery.

6. CHANGES TO YOUR ORDER

CANCELLATION BY US
We reserve the right to cancel your order for any reason and will inform you as soon as possible. If payment has already been processed, we will refund the full amount to your original payment method. If we cannot contact you, we will issue store credit.

CANCELLATION BY YOU
You can cancel your Order until we confirm it in writing. Once confirmed, your Order becomes binding and cannot be modified by you. However, our refunds and exchanges process detailed in clause 7.3 may apply. Orders canceled after 24 hours of placement will incur a 20% restocking fee. Orders left in "Wait" status or unconfirmed for more than 7 days will be automatically deleted from our system.

7. RETURNS AND EXCHANGES


1.
We do not accept returns or exchanges unless the goods are deemed faulty as per clause 7.3.3.

2. (7-Day Discrepancy Return)
If you report a discrepancy within 7 days of receiving your Order, we will issue a full refund if we determine that:

  • You did not receive a Product solely due to our error.

  • The Product you received is not substantially the same as what was displayed on our Website (with reasonable variations due to screen display).

  • The Product is faulty, in accordance with clause 7.3.3.

3. (Faulty Products)
If you believe your Product is faulty, please email us at hello@neighbourhoodceramics.com.au with a full description of the issue (including images). If we assess that your Product may be faulty, we will ask you to return it at your expense for further inspection, including any accessories or documentation that came with it. We reserve the right to inspect the Product further before confirming it as faulty.

If we determine that the Product is not faulty or is faulty due to normal wear and tear, misuse, or failure to follow the manufacturer's instructions, we will refuse the return and return the Product to you at your cost. If we confirm the Product is faulty, you will receive a full refund, and you may request a refund, store credit, or replacement. If a replacement is unavailable, you will be offered a refund or store credit. Shipping costs may apply, and we will discuss these with you. Refunds will be credited back to your original payment method, and if we cannot contact you, we will issue store credit, which can be converted to a refund later.

Failure to comply with the conditions of this clause regarding a faulty Product may result in a partial refund or no refund at our discretion. Nothing in this clause limits or affects any manufacturer’s warranties you may have or your rights under applicable law.

8. INTELLECTUAL PROPERTY
Neighbourhood Ceramics retains all intellectual property rights related to the design of the Products, including labeling and packaging, or these rights may belong to a third party. You may not attempt to copy, reproduce, manufacture, or otherwise commercialize the Products. In this context, “intellectual property rights” encompasses all copyright, trademarks, design rights, patents, semiconductor and circuit layout rights, trade and business names, confidential and proprietary rights, and any rights to register such rights, both in Australia and globally.

9. THIRD-PARTY SUPPLIERS
We may:

  • Outsource any services related to providing Products, including delivery; or

  • Source materials and Products from third-party suppliers, without further notice or consent from you. To the fullest extent allowed by law, we are not liable for any actions or omissions by these third parties, including delays or damages caused to any part of your Order.

10. PUBLISHING PHOTOS ONLINE / ON SOCIAL MEDIA
You are welcome to share photos of the Products online or on social media. We request that you provide credit to Neighbourhood Ceramics by mentioning us or using a hashtag. We reserve the right to request the removal of any posts featuring the Products or to revoke any credit to us.

PART B: FOR WHEN YOU BROWSE THIS WEBSITE

ACCESS AND USE OF THE WEBSITE
You must use the Website in accordance with these terms and all applicable laws, ensuring that your employees, subcontractors, and any other agents accessing the Website also comply with these terms and laws.

YOUR OBLIGATIONS
You must not:

  • Copy, mirror, reproduce, translate, adapt, modify, sell, decipher, or decompile any part of the Website without Neighbourhood Ceramics' express permission.

  • Use the Website for any purpose other than browsing, selecting, or purchasing Products.

  • Engage in any illegal or fraudulent activity, or facilitate such activities through the Website.

  • Interfere with, disrupt, or impose an undue burden on the Website or its servers and networks.

  • Use automated tools or software to access the Website.

  • Act in a way that could harm Neighbourhood Ceramics’ reputation, including by linking to the Website from other sites.

  • Attempt to breach the Website’s security or disrupt its normal functions, which includes:

    • Unauthorised access to Website accounts or data.

    • Scanning or probing for security weaknesses.

    • Overloading or crashing the Website, or submitting a virus.

    • Initiating or participating in denial-of-service attacks.

INFORMATION ON THE WEBSITE
While we strive to keep the information on the Website current and accurate, you acknowledge that we do not guarantee, to the fullest extent permitted by law, that:

  • The Website will be free from errors or defects.

  • The Website will always be accessible.

  • Messages sent via the Website will be delivered promptly or at all.

  • Information provided through the Website will remain secure or confidential.

  • All information on the Website is accurate or true.

We reserve the right to modify any information or functionality on the Website at any time without notice, including product descriptions, prices, and other content.

INTELLECTUAL PROPERTY
Neighbourhood Ceramics owns the Website and all materials contained within it (including text, graphics, logos, designs, images, audio and video recordings, pricing, downloads, and software). All rights to intellectual property not expressly granted to you are reserved. You may make a temporary electronic copy of the Website solely for viewing purposes. Any other reproduction, transmission, adaptation, distribution, sale, modification, or publication of the Website or its content requires prior written consent from Neighbourhood Ceramics or must comply with the law.

In this context, “intellectual property rights” refers to all rights, including copyright, trademarks, designs, patents, and confidential or proprietary rights, both in Australia and globally.

THIRD PARTY TERMS AND CONDITIONS
You acknowledge that third-party terms and conditions (Third Party Terms) may apply. By using these services, you agree to any applicable Third Party Terms, and Neighbourhood Ceramics is not liable for any loss or damage resulting from them.

LINKS TO OTHER WEBSITES
The Website may include links to external sites that we do not control. We are not responsible for the content of any linked sites, and the inclusion of any link does not imply our endorsement.

THIRD PARTY HOSTING
This Website is hosted by a third party, and their terms and conditions may apply to your use of the Website. To the maximum extent permitted by law and our agreement with the hosting provider, we will not be liable for any actions or omissions of that third party, including faults or errors on the Website or issues with placing Orders.

SECURITY
Neighbourhood Ceramics is not responsible for any loss or damage to computer systems, mobile devices, or other electronic equipment resulting from your use of the Website. You should take precautions to ensure that your method of accessing the Website does not expose you to risks such as viruses or other harmful interference.

REPORTING MISUSE
If you notice any misuse of the Website, errors in its materials, or difficulties accessing or using it, please contact us immediately using the provided contact details or form on our Website.