Terms & Conditions

OVERVIEW

This website is operated by Cotton & Clay and is a NZ owned business. Throughout the site, the terms “we”, “us” and “our” refer to Cotton & Clay. Cotton & Clay offers 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 and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or 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 of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. 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 of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

PRODUCTS

We are a NZ owned business, therefore all prices on our website are in New Zealand dollars (NZD). All transactions will be billed in NZD.

Prices for our products are subject to change without notice.

We offer on the Cotton & Clay website only items that are in stock. However if items are found to be out of stock for any reason, all payments made by the Customer for that item will be refunded within 5 working days.

These products or services may have limited quantities and are subject to return only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

Most of our products are handcrafted and therefore no two items will ever be the same. This adds to the uniqueness of the products. Please keep this in mind when placing your order. We are happy to answer any questions you may have before placing your order.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cotton & Clay, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

PAYMENT

We gladly accept Visa, MasterCard, American Express, or regular account payments all through Shopify Payments (powered by stripe) or PayPal. We also accept bank deposit.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For bank deposits:

Please deposit the full amount of the purchase detailed below in the bank account 02-0552-0038904-00, ensuring you include the invoice number as the deposit reference.

Once we have verified the deposit, we will ship the order.

In certain circumstances a payment may be processed but the product is subsequently found to be out of stock. In this case the customer will notified and the full payment amount refunded within 5 working days.

SHIPPING

Once you place your order, your products will be carefully packaged and wrapped and then shipped from Wellington. We will dispatch your item/s within 2 working days of receiving your order.

Delivery within NZ

We offer free shipping when you spend over $80.

Should your order consist of many heavy items, additional delivery charges may apply.

Delivery is normally within 1-2 days after dispatch (Monday-Friday) and will be tracked. Please let us know in the comments field of your order where you would like your parcel to be left.

Items cannot be shipped to a PO Box number or Private Bag.

We offer Click and Collect to Wellington residents only. Once you have placed an online order, the item can be collected from our location in Tawa. The order must be collected within 4 business days.

Rates

Nationwide - $8

Nationwide (Rural) - $12

Click and Collect (Wellington residents only) - Free

Waiheke Island - $15

Delivery to Australia

All orders shipped outside of New Zealand are sent International Airmail. Delivery is normally within 4-10 working days (Monday – Friday).

For orders less than 2kgs, delivery costs are: NZD20

We will notify you if your order is over 2kg and will cost extra to send overseas. If so, you will have the right to cancel or change your order as you choose.

Please note this is an untracked service. If these shipping conditions do not meet your requirements, please send us an email and we can quote you on the International Courier option.

Postal charge does not include possible taxes and duties which may be applied by customs in the country where the order originated. The responsibility for any customs duties, foreign taxes or other fees which may be imposed will rest with the customer. For further information, it may be necessary to call local customs offices to gain further details.

International Delivery

We are happy to ship items internationally.

Just send us a quick email to michelle@cottonandclay.co.nz before placing the order, and we can advise you of the shipping options and costs.

Postal charge does not include possible taxes and duties which may be applied by customs in the country where the order originated. The responsibility for any customs duties, foreign taxes or other fees which may be imposed will rest with the customer. For further information, it may be necessary to call local customs offices to gain further details.

RETURNS

We understand that sometimes when you make a purchase online it may not be exactly what you expected. Therefore we accept returns for a refund or exchange within 7 days of purchase if the goods are completely un-used, in original packaging with any tags still attached. We do not accept returns on sale items. You will need to notify us by email at michelle@cottonandclay.co.nz so that we can let you know how to return the item to us. If we are completely satisfied that the item is in the same condition as when we sent it to you we will happily exchange the item for you or refund the purchase price, excluding freight costs.

Cotton & Clay reserves the right to refuse the return if the goods are shown to be used or damaged in any way. We take no responsibility for damage that has occurred in transit.

We thoroughly check all our items before they leave us but if you feel an item is faulty please contact us within 2 days and we will arrange a replacement where possible or if not in stock, we will refund the purchase amount within 5 working days.