Ceramics
NAMMU (PTY) LTD produces unique, handcrafted ceramic items at its premises in Cape Town, South Africa.
Each ceramic item is created in small batches and due to the handmade process, natural variations may occur between individual items in terms of colour, glaze, texture and size. Glaze variations such as minor pinholes, thickness variations and small speckles are considered a normal part of the handcrafted process.
Unless otherwise stated, all items are food safe and made using non-toxic materials. Items are generally dishwasher safe but hand washing is recommended for optimal care of each item.
Stoneware is a semi-porous material and therefore condensation and watermarks may occur on surfaces. The Company is not responsible for any marks left on surfaces by items during use or cleaning.
Made to order and custom items generally require production periods of 3-6 weeks, though timelines may be longer depending on the complexity of the requested piece.
All sales of items through the Company's website or premises are on a final sale basis and no returns, exchanges or cancellations will be accepted, except as required by law. Natural variations in items are not considered defects.
Return & Refunds
All sales are final.
Natural variations in Items due to the handcrafted process do not constitute defects.
Claims for defective Items must be notified within 3 business days with supporting evidence.
Warranties and Liability
The Company gives no warranties other than those implied by law.
The Company is not liable for any watermarks, marks or other issues resulting from the natural use or cleaning of Items.
Intellectual Property
The Website and its content remain the property of the Company.
The Customer may not copy, modify or re-use any content without permission.
Privacy and Data Protection
The Company complies with relevant data protection laws in the handling of Customer information.
General
Invalid terms shall be severable and the remaining Terms shall continue to apply.
No waiver of these Terms shall be binding unless made in writing.
These Terms are governed by the laws of South Africa.
Payment
Payment for all orders must be made in full at the time the order is placed using either credit card or EFT bank transfer.
By providing payment details, the Customer authorizes the Company to take payment for the full order amount including any applicable delivery charges.
The Company will obtain authorisation for the payment from the applicable card issuer or bank.
If payment authorisation is declined or cannot be obtained, the order will be automatically cancelled and the Customer will be notified thereof.
No orders will be processed or fulfilled unless full and successful payment is received by the Company.
Prices and Taxes
Prices for all Items displayed on the Website are quoted in South African Rand (ZAR) and do not include applicable delivery charges or taxes.
The Company reserves the right to change the prices of Items on the Website at any time, with such changes taking effect for any Orders placed after the change is implemented.
Value-Added Tax (VAT) at the rate of 15% will be charged on the total price of all Items in accordance with the Value-Added Tax Act, 1991.
The Customer shall be responsible for payment of any other applicable taxes imposed in their jurisdiction in relation to the purchase of Items through the Website.
Standard delivery charges within South Africa will be added to the total Order price at checkout.
For International deliveries, delivery charges will vary depending on the delivery location and the weight and/or dimensions of the Items ordered. Larger or heavier custom Items may incur additional delivery fees which will be confirmed to the Customer on request prior to placement of the Order.
Orders and Delivery
Placing an Order. By placing an order through the Website, the Customer makes an offer to the Company to purchase the items in their shopping cart, subject to these terms and conditions and subject to availability.
Order Acceptance. The Company will accept the Customer's offer by sending an order confirmation email to the Customer.
Pricing. Unless stated otherwise, all prices on the Website are quoted in South African Rand and include VAT. Delivery charges will be added to the total price.
Delivery. The Company will dispatch standard in-stock items within 1 week of order acceptance. Custom or made-to-order items may take 2-4 weeks for production and dispatch. The Company will provide tracking details for all orders.
Risk of Loss. The risk of loss and damage to the items passes to the Customer upon delivery of the order to the carrier. The Company is not liable for any delay or non-delivery of orders by the carrier. The Customer must address any claims regarding lost, damaged or delayed orders directly with the carrier.
Cancellations and Returns
The Customer shall not have a right to cancel an Order or return an Item, except as expressly provided for in this section or as may be required by law.
If an Item is found to be defective within 5 business days of delivery to the Customer, the Customer may return it for a replacement Item or full refund. The defect must be notified to the Company in writing with evidence such as photographs within this period.
Made to order and custom Items cannot be returned or canceled once production of the Item has commenced as confirmed to the Customer.
Any Item returned by the Customer in terms of this section must be sent back at the Customer's own cost and risk. The Company will reimburse the Customer for reasonable return delivery costs only if a valid claim for a defect is accepted by the Company.
Upon acceptance of a valid return, any refund due to the Customer will be processed within 14 days of receipt of the returned Item and made via the original payment method, excluding any original delivery costs incurred.
Intellectual Property
All content on the Website including text, graphics, logos, designs, images, software and trademarks are owned by or licensed to the Company and are protected by copyright and other intellectual property laws.
Users are granted a limited, non-exclusive and non-transferable license to access and use the Website and content for personal, non-commercial purposes only.
Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or content obtained from the Website without the Company's written permission.
Users must not use the Company's trademarks or trade dress without the Company's prior written permission. Users may not use the Company's trademarks in a manner that creates trademark confusion as to source or sponsorship.
The Company reserves the right to take appropriate legal action against any person or entity that infringes its intellectual property rights including copyright and trademarks.
Warranties and Liabilities
The Company provides a warranty that any Items purchased from the Company shall be of satisfactory quality and reasonably fit for their intended purpose, subject to the acknowledgements in clause 8.2.
The Customer acknowledges that due to the handcrafted nature of production, variations may occur between Items in terms of colour, glaze, texture, size or other attributes. Such variations shall not constitute a defect or failure of this warranty.
Except as expressly provided in clause 8.1, the Company provides no other warranties and expressly excludes all other warranties, terms or conditions regarding the Items, whether express or implied, to the fullest extent permitted by law.
The Company shall not be liable for any loss, damage or expense arising from any claims made against the Customer by any third party in respect of the Items. The Customer will indemnify the Company from any such third party claims.
Subject to clause 8.1, the Company excludes all liability for any loss, damages or expenses incurred by the Customer in connection with the Items or their use, including but not limited to any direct, indirect or consequential loss. The Company shall not be liable for any such losses arising from use of the Website.
Nothing in this agreement shall limit the Company's liability for death or personal injury caused by the Company's negligence, fraud or any other liability which may not be excluded by law.
Privacy and Data Protection
For the purposes of this Privacy Policy, "Personal Information" refers to unique identifiers such as a name, address, email address, or telephone number, as well as other non-public information that is associated or could be linked to a specific individual.
We may collect Personal Information from customers when they create an account, purchase products or services from us, subscribe to marketing communications, participate in surveys, or otherwise interact with us.
Personal Information collected by us may be used for the following purposes: processing orders and delivering products or services; marketing our products or services; statistical analysis; and compliance with applicable laws.
We may disclose Personal Information to third party service providers who assist us in carrying out the above purposes or as otherwise required or permitted by law.
We have implemented reasonable technical and organisational security measures to protect Personal Information in our custody or control from loss, misuse and unauthorised access, disclosure, alteration or destruction.
Customers have the right to access their Personal Information and request correction of any inaccuracies.
Customers may opt-out of receiving direct marketing communications by contacting us at the details provided below.
Personal Information may be stored and processed in any country where we have facilities or service providers, which may be outside South Africa.
Any changes to this Privacy Policy will be posted on the website.
Collection of Personal Information
Use of Personal Information
Disclosure of Personal Information
Security of Personal Information
Access to Personal Information
Direct Marketing
Cross-Border Transfers
Changes to this Privacy Policy
Enquiries or Complaints
Customers can contact us at hello@nammuceramics.com with any enquiries or complaints regarding the processing of their Personal Information.
General Provisions
These terms and conditions constitute the entire agreement between the Customer and the Company regarding its subject matter.
No other terms, conditions or warranties will be binding unless agreed to in writing and signed by both parties.
If any term is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable.
The Company's failure to enforce a specific term will not amount to a waiver of its right to subsequently enforce that or any other term.
These terms are governed by the laws of South Africa.
The parties submit to the exclusive jurisdiction of the South African courts.
The Company may amend these terms from time to time by posting an updated version on the Website.
The Customer's continued use after amendments constitutes acceptance.
Any legal notice must be in writing and delivered by email or registered mail to the relevant party.
Entire Agreement
Severability
No Waiver
Governing Law and Jurisdiction
Amendments
Notices
Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa.
The Parties irrevocably agree that the High Courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Nothing in this clause shall limit the right of the Company to take proceedings against the Customer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
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