Terms and Conditions
Please read the Terms and Conditions carefully, because it is a legal contract and imposes obligations on you as the Buyer.
Agreement between User and www.keraclay.com
Welcome to www.keraclay.com. The www.keraclay.com website (the "Site") is comprised of various web pages operated by KERACLAY LLC ("KERACLAY"). www.keraclay.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.keraclay.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.keraclay.com is an E-Commerce Site.
Handmade ceramic (“products”) including sculptures, lighting and tableware objects.
Electronic Communications
Visiting www.keraclay.com or sending emails to KERACLAY constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
KERACLAY does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.keraclay.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.keraclay.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of KERACLAY and KERACLAY is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KERACLAY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KERACLAY of the site or any association with its operators.
Certain services made available via www.keraclay.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.keraclay.com domain, you hereby acknowledge and consent that KERACLAY may share such information and data with any third party with whom KERACLAY has a contractual relationship to provide the requested product, service or functionality on behalf of www.keraclay.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.keraclay.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to KERACLAY that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KERACLAY or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. KERACLAY content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of KERACLAY and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KERACLAY or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by KERACLAY from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KERACLAY Content accessed through www.keraclay.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless KERACLAY, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KERACLAY reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KERACLAY in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KERACLAY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KERACLAY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KERACLAY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KERACLAY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KERACLAY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL KERACLAY LLC OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF OR THE INABILITY TO USE PRODUCTS PURCHASED VIA KERACLAY OR ANY OTHER THIRD PARTY PARTNERS, VENDORS, SUPPLIERS, STOCKISTS ETC, EVEN IF KERACLAY LLC OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KERACLAY LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE PRODUCTS PURCHASED EXCEED THE AMOUNT PAID BY YOU TO KERACLAY LLC FOR THE PRODUCT.
Liability Disclaimer
It is the Buyer’s responsibility to inspect the Product upon receipt and confirm that it is free from damage and defects in materials and workmanship. You have fifteen (15) days from receipt to notify Keraclay LLC of the non-conformance of the Product. Failure to make any claim against Keraclay LLC within such 15-day period shall constitute acceptance of the Product and a waiver of said defects, shortages, errors and other claims. Due to the construction of Products by hand and the nature of the materials used in construction, you understand and agree that the dimensions of your Product may vary. You assume the risk that your Product will have slight differences in the finish, color, tone, graining, or precise measurements from the ones depicted by Keraclay LLC on its websites, showroom samples, tear sheets, photographs, and other advertising provided to you. Hand-made products are irregular by nature.
Keraclay LLC expressly warrants that the Product is free from defects in materials and workmanship subject to the exceptions and limitations contained herein. During the first year after Buyer’s purchase of the Product, Keraclay LLC shall repair or replace, at its option, a Product that has a defect in materials or workmanship. The original buyer must contact Keraclay LLC in writing with proof of purchase including a clear, detailed description of the issue with the Product.
Limited Warranty
This warranty does not apply to defects in materials or workmanship or damages resulting from repairs or alterations which have been made or attempted by others. It further does not apply if the damage is due to normal wear and tear, abuse, improper maintenance, neglect or accident or caused by use of the Product for activities other than normal household activities.
Keraclay LLC shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, shortage of supplies, fire, flood or other disaster, an act of government, or a strike or lockout. These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the state of New York. Queens county, New York shall be the only proper place of venue for all suits arising from or relating to these Terms and Conditions , and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Queens county, New York.
Changes to Terms
KERACLAY reserves the right, in its sole discretion, to change the Terms under which www.keraclay.com is offered. The most current version of the Terms will supersede all previous versions. KERACLAY encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
KERACLAY welcomes your questions or comments regarding the Terms:
KERACLAY LLC
Email Address:
hello@keraclay.com
Effective as of September 01, 2020