STORE POLICY
Our Terms & Conditions
This page states the terms and conditions under which you may use our Site. The Site is owned and operated by Zambezi Clays Limited (hereafter referred to as Zambezi Clays), which is a private company limited by shares, registered in Ireland No. 688298. Registered Office: 2 Charlesland Wood, Greystones, A63 YA55, Ireland.
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Your use of this Site constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the Site.
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Zambezi Clays may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. We reserve the right at our discretion to change modify, and/or remove portions of these terms and conditions at any time. You should visit this page periodically to review the terms and conditions, because they are binding on you.
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YOUR USE OF THE SITE
Zambezi Clays authorises you to view the Material (as defined below) on the Site solely for the purpose of placing orders for the product on the site. The use of the Site and the Material purchased off the site is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.
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The contents of the Site such as text, graphics, images, photographs, code and other material ("Material"), are protected by copyright, trade mark and other laws in both Ireland and overseas. You may not reproduce, display, publicly perform, distribute, sell or modify the Material or otherwise use the Material in any way for any public or commercial purpose or otherwise in breach of these terms and conditions. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. All trademarks, service marks, and trade names are the property of Zambezi Clays or its suppliers.
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The Material may contain inaccuracies or typographical errors. Zambezi Clays makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. In particular, while Zambezi Clays makes every effort to ensure that the colour options available on the Site are representative due to colour restraints on the web, these colours may vary depending on the browser, hardware platform and resolution of your monitor.
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ZAMBEZI CLAYS LIABILITY
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The following provisions set out Zambezi Clays entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this Agreement; (“Event of Default”). This Agreement does not prejudice the statutory rights, which you may enjoy if you are dealing as a consumer within the meaning of Irish law.
Zambezi Clays shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon Zambezi Clays as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. Zambezi Clays shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.
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Zambezi Clays shall not be liable and shall not otherwise be deemed to be in breach of this Agreement for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
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Zambezi Clays does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, Zambezi Clays is not responsible for those costs.
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The Site and Material are provided on an "as is" basis without any warranties of any kind. Zambezi Clays and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for particular purpose. Zambezi Clays and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. In particular, Zambezi Clays does not warrant that the use of the Material by you will not infringe third party rights.
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DISCLAIMER OF CONSEQUENTIAL DAMAGES
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In no event shall Zambezi Clays, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, or any other legal cause and whether or not Zambezi Clays is advised of the possibility of such damages.
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YOUR OBLIGATIONS
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You agree:
That any information provided by you will be true, accurate, current and complete; and confirm that you are the authorised holder of any credit/debit card you may use on the Site; to notify us immediately of any changes to any information you have submitted to the Site; and to be available for delivery and to take delivery of any products ordered by you from the Site.
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PRODUCT DESCRIPTION
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Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. Zambezi Clays does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied.
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PLACING YOUR ORDER WITH ZAMBEZI CLAYS
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Any order made by you shall be deemed to constitute an offer to purchase. No contract shall exist between you and Zambezi Clays for the sale by it to you of any product unless and until Zambezi Clays accepts your order and receives your payment in full. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Zambezi Clays sends the email to you (whether or not you receive that email), confirming receipt of payment. Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland.
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While every effort is made to ensure the availability of products and to fulfil all orders, Zambezi Clays cannot guarantee the availability of any product displayed on the Site. Zambezi Clays reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Zambezi Clays cannot confirm the price or availability of a product until your order is received. Our goal is to maintain a completely accurate Site. In the event that price or other errors are discovered we will promptly correct them and the amended provision will apply. Zambezi Clays reserves the right to change or amend prices or promotional offers at any time without notice.
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PRICES AND PAYMENT
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Prices are displayed in € euro and are valid in the Republic of Ireland and Northern Ireland only. Prices are inclusive of VAT at the current rates and also include delivery charges.
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Zambezi Clays accepts VISA, MASTERCARD & Payments by way of direct payment to our bank account. Zambezi Clays uses SSL to securely transmit your Credit Card information to our Merchant Acquirer. Customer Credit Card Information is not stored by Zambezi Clays on our servers. SSL (Secure Socket Layers) is a method of transmitting information over a 128 bit encrypted link between two secure servers.
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DELIVERY
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Zambezi Clays will endeavour to have your product delivered within 2 working days. Working days are Monday to Friday excluding public holidays. Orders placed on Saturday/Sunday will be deemed as being placed on the following Monday. All goods are physically checked by our staff prior to dispatch. We are unable to accept orders for delivery from outside the island of Ireland.
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While Zambezi Clays will endeavour to meet our delivery estimates, Zambezi Clays cannot guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside the 2 day time frame. We would strongly recommend that if you are running a major event you place your order a minimum of 7 days in advance.
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Title to the goods will only pass when paid in full and delivery is acknowledged by a valid signature from your representative at the delivery address.
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RETURNS AND REFUNDS
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If you have bought an item(s) online at ZambeziClays.com and would like to return it, you can contact us and we will be issued instructions to our shippers to collect the product from you and return it to the Zambezi Clays Online Store.
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*Zambezi Clays are happy to accept any product return as long as it is in its original condition and packaging, including it’s packaging on the pallet on which it was delivered. Once pallets have been opened they cannot be returned.
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Cost of return shipping will be deducted from any agreed refund.
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If we agree to provide you with a refund we will instruct our Merchant Acquirer to credit your credit card account within 30 days of receipt of the returned product. Your statutory rights are not affected.
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WEBSITE: CONDUCT
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You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of Zambezi Clays. Any copying, transmission or re-transmission of the same requires the prior written approval of Zambezi Clays.
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INDEMNITY
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You agree to defend, indemnify, and hold harmless Zambezi Clays, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. Zambezi Clays shall provide notice to you promptly of any such claim, suit or preceding and shall assist you, at your expense in defending any such claim, suit or proceeding.
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OUR PRIVACY POLICY
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Your personal data will be processed in accordance with our GDPR policy.
This website uses cookies.
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GENERAL
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This Site is controlled and operated by Zambezi Clays from its location in Ireland. Zambezi Clays makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, Zambezi Clays may seek provisional or protective relief in the courts of another State prior to during or after any substantive proceedings have been instituted in Ireland and Zambezi Clays may bring enforcement proceedings in another state on foot of an Irish judgement.
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If any provision of this Agreement is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
This agreement constitutes the entire agreement between you and Zambezi Clays with respect to the use of the Site.
Zambezi Clays may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice for any valid technical, operational or commercial reasons.
© COPYRIGHT ZAMBEZI CLAYS LIMITED 2021. ALL RIGHTS RESERVED.