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Terms and conditions

Website Terms and Conditions

The website located at: https://mudaustralia.com/ (Website) is operated by MUD AUSTRALIA PTY. LIMITED. (ACN 057 307 687) (referred to as Mud Australia/we/us/our). Please read all of the important information below as they form the terms and conditions of using and purchasing from this Website. If you do not agree to these terms and conditions, please exit from this Website.

Who Are We?

Since 1994, Mud Australia has created elegant and timeless porcelain homewares. Founded and designed by Shelley Simpson, our collection, available in 19 shades, is as much about self-expression as it is about functionality.

We’re a small business committed to the global values of craft and community and bringing those things to everything we make. From our studio in Sydney we hand make every porcelain piece, actively building relationships with the people who buy and love our products across the world.

Definitions

In these terms and conditions:

Consumer Law means the consumer laws applicable in the jurisdiction of the Customer.

Customer or You/Your means an individual that orders Goods from us. 

Goods means goods such as homewares, dinnerware and pottery that are available for purchase on the Website.

Terms means these terms and conditions.

Website means the website located at: https://mudaustralia.com/

Application of these terms and conditions

1. These terms and conditions (Terms) apply in relation to any Goods we sell you and overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).

2. You accept these Terms by using this Website and/or placing an order with us.

Eligibility to Use this Website

3. You must be at least over the age of 13 in order to use our Website. If you are under the age of 13, you are not permitted to use this Website - please immediately exist and cease use of our Website.

Application of Consumer Law

4. If you are a consumer under the Consumer Law, the Consumer Law applies to the extent that it is inconsistent with these Terms.

5. If there is a minor problem with your Goods we may replace the Goods instead of offering you a refund. If there is a major problem with the Goods, a refund or a replacement may be available.

Returns and exchanges

6. For Customers from Australia, we offer a 30-day exchange period from the date of delivery on all online orders for any reason including change of mind. Refunds or credit notes are not available unless we are required to do so under the Australian Consumer Law.

7. If you wish to return your Goods, then you must first contact our customer services team via [email protected] and wait for our reply. When contacting us, kindly provide us with your order number, contact details, full name and details of the replacement item you require. Please do not ship or return your Goods to us prior to receiving a reply from us indicating you can proceed.

8. All Goods that are returned must be returned in their original packaging and intact, unused, unmarked and undamaged. Goods remain the responsibility of the Customer until they reach us and all shipping costs are the responsibility of the Customer. If the Goods are damaged while in transit, you will bear the risk of such damage. Therefore, please ensure you pack the returning goods as securely as possible.

How to inform us regarding Damaged Products

9. If your item/s arrives damaged, broken or faulty, please do not send us the damaged, broken or faulty item.

10. Please email us at [email protected] or fill our contact form in order to inform us about damaged Goods within 48 hours of delivery. We request you to send us photos of the damaged Goods showing the damage when you contact us.

Gift vouchers

11. You can purchase gift vouchers from our website.

12. Our gift voucher policy is as follows:

(a) Our gift vouchers are valid for a period of 3 years;

(b) Our gift vouchers can be used for making a purchase from our AU Website or stores in Australia;

(c) Gift vouchers purchased on the AU Website cannot be used in the US or the UK, either instore or online;

(d) Only one gift voucher can be used at a time;

(e) Gift vouchers are non-transferrable and not redeemable for cash;

(f) Gift vouchers cannot be reloaded or topped up;

(g) If the total amount of the gift voucher is not used in one transaction, then the remaining balance can be used in another transaction.

(h) Gift cards cannot be replaced if they are lost, stolen or expired.

(i) You cannot resale our gift vouchers

(j) No post supply fees are charged on gift vouchers; and

(k) We do not offer an exchange for unwanted voucher and neither do we redeem it for cash.

Purchasing Goods

13. You may order Goods from us by either creating an account with us or checking out as a guest.

14. Any order placed is an offer by you to purchase each particular Good in accordance with these Terms, and we reserve the right to accept or reject an order you make for any reason.

15. We may cancel your order at any time and for whatever reason. If we do so, we will notify you via email about this change and we will give you a full refund of any monies that you have paid for the unfulfilled order.

16. Refunds will be made in the form of the original payment.

17. Goods may not be purchased from us for re-sale.

Pricing Errors

18. We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or any other reason.

Availability of Goods

19. You acknowledge and agree that from time to time, the Goods on the Website may be unavailable and we may not be able to fulfill all or part of your order. If this occurs, we will at our complete discretion use reasonable endeavours to either source the Goods or contact you within a reasonable time to either arrange a full or partial refund or change your order to replace or exchange the Goods with a comparable Good in a similar price range (where available) as agreed with you or otherwise reach an alternative arrangement. This may include, for instance, putting your order on back-order or selecting the same Goods in a different colour.

20. Due to the handmade nature of our Goods, some Goods may not be in-stock but may be available for purchase on backorder. You will be notified that a Good is available on backorder via a message, which you will need to acknowledge in order to add the backorder Good to your cart.

21. Payments for backordered Goods will be processed and charged at the time of you making the order.

22. If your order includes a Good that is placed on backorder, your entire order including in-stock Goods will be held until all the Goods in the order are available before delivering the order to you. If you prefer to receive the in-stock Goods in your order first, please make a separate order for your in-stock and backorder Goods.

23. We estimate Goods on backorder will require a 2-3 week wait period due to the handmade nature of the Goods. However, this is not a guarantee and is an estimate only and may change depending on various circumstances beyond our control. If your backorder is delayed beyond this time estimate, we will let you know and inform you of your options.

24. If, for whatever reason, your backordered Goods can no longer be fulfilled, we will let you know and contact you to arrange alternative options. These options will include:

(a) a full credit note to the value of the monies paid for the backordered Goods that cannot be fulfilled, which can be redeemed against any Goods on the Australian website or in-store.
or

(b) a full refund of the monies paid for the unfulfilled backordered Goods.

Price and Tax

25. The quoted prices for the Goods are in currency displayed on the Website, and where applicable, they are inclusive of any applicable taxes (Tax).

26. You agree to pay the stated price (and any applicable charges and taxes) in currency displayed on the Website for all orders.

27. You must pay Tax if it is applicable at the same time and in the same manner as the consideration for the Goods.

28. Where applicable you will be responsible for shipping costs and custom duties.

29. We reserve the right to change the prices of our Goods at any time without notice. However, the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us.

Payment terms

30. We accept payment via VISA, MasterCard, AMEX, Google Pay and Apple Pay. We reserve the right to change our mode of payment at any time.

31. Unless otherwise agreed, you must pay for the Goods in advance, and we will not deliver the Goods until payment has been received.

32. To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud.

33. We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.

34. If your payment is not received in full or declined by your bank or credit card issuer, we cannot hold Goods against your order.

Shipping of Goods

35. All of our Goods are made in our Marrickville studio and will either ship directly from Marrickvile or can be picked-up in store from a Mud Australia store of your choosing. Pick-up or delivery can be nominated during check-out.

36. We cannot guarantee that our Goods will be available at all times and our stock levels may change without notice. In such circumstances, you would be able to place a backorder online and we will notify you and provide you with an expected timeframe for availability. As all of our Goods are handmade, it may not be possible to cancel your backorder, especially if it is an on-demand backorder.

37. If you select the pick-up order option, you agree to the following:

(a) The Goods you wish to pick-up may not be available for pick-up at all our Mud Australia store locations. Available pick-up locations for your Goods will be indicated on the checkout page.

(b) If you have nominated pick-up, we will email you when your Goods are ready for pick-up.

(c) Collection times for pick-up orders will be nominated on our Website as the business hours of the specific pick-up store location. We will use reasonable endeavours to ensure your Goods will be available within this nominated timeframe. However, you acknowledge that events beyond our control may result in delays and that we are not liable for such delays. If we are delayed, we will let you know via email.

(d) Please endeavour to pick up your Goods within 5 business days.

(e) Please let us know if you are unable to pick-up your order, or if there are any delays or difficulties. We will do our best to come to an alternative arrangement with you. Goods that are not picked-up and for which we have not received directions for delivery may be considered and treated as uncollected goods pursuant to the Australian Consumer Law and Fair Trading Act 2012 (Vic).

(f) When picking up your order, we will require your first name, last name and order number. Please bring a photo ID to confirm your identity.

(g) If you wish to nominate someone to pick up your order on your behalf, you must notify us in writing prior to collection. We will require the nominee’s first name and last name, your first name and last name, as well as the order number. Please request your nominee to bring a photo ID to confirm their identity.

38. We are continuously growing and expanding. Our up-to-date and current list of stores can be viewed on our Website.

39. We use local providers at our sole discretion for shipping in each region.

40. Shipping and delivery times are solely depending on the courier we engage. We are not liable for any delays, fluctuations or failures in shipping and delivery services supplied by the courier, its subsidiaries, employers, agents, contractors or representatives.

Disclaimer in relation to the Goods

41. As our Goods are handmade, the effect and texture of the Goods may appear different in real life in comparison to the images displayed on the Website. Slight irregularities in size, glaze and texture reflect the artisan nature of the product and should be embraced.

Details you provide us

42. It is your responsibility to ensure that the information you provide, including your name, postal address, contact numbers and email address are correct, accurate and up-to-date. Please check any details carefully before submitting an order to us.

43. You acknowledge and agree that we are not responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including, but not limited to, your name, delivery address, contact phone number or email address.

Warranty

44. We warrant that the Goods we deliver will:

(a) match the description on the Website;

(b) be free of third party claims;

(c) fit for the purpose for which they are purchased; and

(d) be of acceptable quality.

Limitation of liability

45. Our Goods are designed for daily use and to last longer when used with care.

46. All online orders come with a care guide. The care guide can also be found on our website at: https://mudaustralia.com/productcare/. Please ensure you carefully and thoroughly read all care instructions and care guides associated with your Goods in order to prolong the life of the Goods.

47. We do not claim any liability if you fail to care for the Goods correctly. If the Goods are damaged because of your recklessness or negligence, then we will be under no obligation to replace or repair them or to provide you with a refund.

48. To the fullest extent permitted by law, and notwithstanding any other provisions of this Agreement, our aggregate liability under or in connection with these Terms, however arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to us in respect of the relevant Goods giving rise to the liability.

Your use of this Website

49. You are provided with access to this Website for your personal use only. You may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website.

50. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software and we take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.

Email list

51. The email addresses we collect are only used internally for any notices related to the Goods on this Website.

52. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.

Intellectual property rights

53. All intellectual property rights in the Goods, Website and other materials created by us will vest absolutely and automatically on creation, and remain thereafter, in us. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.

54. Upon the purchase of Goods from us, you will own the Goods and have the right to display and use it. You will not have the right to reproduce or authorise a third-party to reproduce the Goods.

Acceptable use

55. When you access the Website, we will grant you a limited, non-exclusive, personal, non-transferrable, non-shareable, non-sublicensable, revocable licence to access and use the Website pursuant to these Terms and any additional terms and conditions set forth by us from time to time.

56. You can access the Website through on your Android Phone, iPhone, tablet, laptop and desktop computer.

Restricted activities

57. You agree not to:

(a) Reverse engineer, extract, decompile, modify, create derivative works of, or otherwise amend or alter the Website;

(b) Evade any security feature or functionality of the Website;

(c) Permit any third party to access or use the Website;

(d) Use any code or application that interferes with the working of the Website;

(e) Use the Website in any manner which is contrary to any Australian or International laws;

(f) Provide false information;

(g) On-sell any information obtained from the Website;

(h) Use any data mining robots or other extraction tools or metatag; or

(i) Mirror the Website.

Availability of this Website

58. From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

Links to third-party websites

59. This Website may contain links to other websites that are operated, controlled or produced by third parties. Unless stated otherwise, this Website does not control, endorse, sponsor or approve any such third-party websites or their contents nor are we are liable for any loss or damage that you may suffer as a result of your visits to any third-party websites.

Interference with this Website

60. You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with this Website or to any material or content posted on this Website.

Testimonials

61. Any review or other matter that could be regarded as a testimonial or endorsement about any Goods does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Goods and you acknowledge that testimonials represent the anecdotal experience of individual consumers.

Variations

62. We may vary these Terms by giving you written notice at any time. The variation will only affect future orders.

Jurisdiction and governing law

63. These Terms are governed by the laws of the State of New South Wales, Australia.

Events which are out of our control

64. We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

Severability

65. Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

Disclaimer

66. You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind. Further, images of the Goods displayed on this Website are for illustrative purposes only and sizes and dimensions may vary in real life. Please ensure that you therefore read the corresponding description of any item before purchasing it.

67. To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of this Website, or any other linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website. We also exclude liability in respect of mistakes or inaccuracies on the Website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party or any interruption or cessation of transmission from our Website.

General provisions

68. If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses. In the event that we merge, sell or otherwise change control of our business or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us.

Privacy Policy

69. For our privacy and policy statement, please refer to our Privacy Policy.

These Terms were last modified on 16.05.22

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