The website located at: https://mudaustralia.com/us (Website) is operated by Mud Australia Inc. of 402 Atlantic Ave, Brooklyn, NY 11217, USA (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.
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/us
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 the Goods are not of acceptable quality, fit for the purpose or are defective, then depending on the circumstances we will assume the entire cost of all necessary servicing or repair, replace the Goods with the same type of or similar goods or issue a refund.
Returns and exchanges
6. You can return the Goods to us for any reason within 30 days from the date of delivery and we will issue a credit note with a validity of one year. The credit note can be redeemed in any of our US stores or on our US website. Refunds and/or exchanges are not available unless we are required to do so under the Consumer Law. Please note a restocking fee may apply to custom-made pieces.
7. All Goods 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.
8. If you wish to return your Goods, then you must contact our customer services team via [email protected] before you ship the Goods to us so we know to expect it. When contacting us, kindly provide us with your order number, contact details and full name.
9. If your item/s arrive broken or faulty, please email us at the email address [email protected] or fill out our contact form in order to inform us about damaged Goods within 7 days of delivery. We request you to send us photos of the damaged Goods showing the damage when you contact us. Please do not send us broken Goods.
10. You can purchase gift vouchers for your family or friends from our website.
11. For US Customers, our gift voucher policy is as follows:
(a) Gift vouchers do not expire and will be valid until redeemed or replaced;
(b) Our gift vouchers can be used for making a purchase from our US/Canada Website or stores in the US;
(c) Gift vouchers purchased in the US cannot be used in Australia or the UK, either instore or online.
(d) Gift vouchers are non-transferrable;
(e) No dormancy or non-use fees will be charged;
(f) Gift vouchers can be redeemed for cash or a combination of Goods and cash. A gift voucher with a cash value of less than ten dollars ($10) is redeemable in cash for its cash value;
(g) No activation fees will be imposed; and
(h) There is no requirement to spend the whole balance in one transaction.
(i) Gift vouchers cannot be used to purchase other gift vouchers, both online and instore.
(j) Unwanted gift vouchers cannot be redeemed for its full cash value unless the gift voucher has a cash value of less than ten dollars ($10). However, we are happy to replace your gift voucher with a new gift voucher at no cost to you.
12. You may order Goods from us by either creating an account with us or checking out as a guest.
13. 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.
14. 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.
15. Refunds will be made in the form of the original payment.
16. Goods may not be purchased from us for resale.
17. We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or any other reason.
Availability of Goods
18. 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.
19. 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.
20. Payments for backordered Goods will be processed and charged at the time of you making the order.
21. If your order includes a Good that is placed on backorder, your order may, at our discretion, be separated and the in-stock Goods would be shipped first. Likewise, if your order contains a large number of Goods we may split your order. However, if your order contains only two items, we will notify you to indicate we will wait to ship the items together.
22. We estimate Goods on backorder will require a 6-10 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 or offer you the option of cancelling your order and receiving a full refund.
23. If, for whatever reason, your backordered Goods can no longer be fulfilled, we will let you know and contact you to arrange an alternative option. These options will include:
(a) A substitute good which is similar to the backordered Good with your written consent
(b) a full refund of the monies paid for the unfulfilled backordered Goods.
Price and Tax
24. The quoted prices for the Goods are in currency displayed on the Website, and where applicable, they are inclusive of any applicable taxes (Tax).
25. You agree to pay the stated price (and any applicable charges and taxes) in currency displayed on the Website for all orders.
26. You must pay Tax if it is applicable at the same time and in the same manner as the consideration for the Goods.
27. Where applicable you will be responsible for shipping costs and custom duties.
28. 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.
29. 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.
30. Unless otherwise agreed, you must pay for the Goods in advance, and we will not deliver the Goods until payment has been received.
31. 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.
32. 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.
33. 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 to Goods
34. We will ship our Goods from one of our stores in Los Angeles or New York.
35. We are continuously growing and expanding. Our up-to-date and current list of stores can be viewed on our Website.
36. We use local providers for shipping in each region.
37. 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
38. 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
39. It is your responsibility to ensure that the information you provide, including your name, postal address, contact numbers and email address are correct. Please check any details carefully before submitting an order to us.
40. 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.
41. 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
42. Our Goods are designed for daily use and to last longer when used with care.
43. All online orders come with a care guide. The care guide can also be found on our website at https://mudaustralia.com/product-care/. 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.
44. 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.
45. 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
46. 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.
47. 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.
48. The email addresses we collect are only used internally for any notices related to the Goods on this Website.
49. 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
50. 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.
51. 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.
52. 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.
53. You can access the Website through your Android Phone, iPhone, tablet, laptop and desktop computer.
54. 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
55. 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
56. 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
57. 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.
58. 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.
59. We may vary these Terms by giving you written notice at any time. The variation will only affect future orders.
Jurisdiction and governing law
60. These Terms are governed by the laws of the State of New York, United States of America.
Events which are out of our control
61. 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.
62. 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.
63. 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.
64. 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.
65. 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.
These Terms were last modified on 16.05.22.
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