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TERMS & CONDITIONS

Website Terms Of Use

These Website Terms of Use tell you the rules for using https://www.kilnandclayinteriors.com (including any websites that automatically connect to this website)(the “Website").

Your use of the Website means that you accept, and agree to abide by, these Website Terms of Use. If you do not agree to these Website Terms of Use, you must not use the Website.

The Website is operated by us. We are Thomas Buiskool, trading as Kiln & Clay Mitre House, Pitt Street West, Stoke0-on-Trent, ST6 3JW

You may contact us by: (1); email at thomas@kilnandclayinteriors.com; or (3) post at 

We recommend that you print a copy of these terms for future reference.

Prohibited uses

You shall not use the Website:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful, malicious or fraudulent, or has any unlawful, malicious or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors or vulnerable people in any way.

To transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect our operation and/or security or any computer software or hardware.

To infringe our intellectual property rights or those of any third party.

You also agree:

not to access without authority, interfere with, damage or disrupt:

any part of the Website;

any equipment or network on which the Website is stored;

any software used in the provision of the Website; or

any equipment or network or software owned or used by any third party.

There are other terms that may apply to you

These Website Terms of Use refer to our Privacy Policy and Cookies restriction mode;which also apply to your use of the Website. These policies set out the terms on which we process any personal data we collect from you or that you provide to us and gives you information on how we use cookies on the Website. By using the Website, you consent to that processing/use of cookies and you warrant that all data provided by you to us is accurate.

If you are a consumer and purchase a product or products through the Website, the Consumer Terms and Conditions will apply. The contract relating to the Consumer Terms and Conditions applies between you and the company that agrees to supply you, as described in those Consumer Terms and Conditions.

We may make changes to the Website

We may update and/or change the Website from time to time; for example, to reflect changes to our products, improve performance, enhance functionality, address security issues, our users' needs and/or our business priorities.

We may suspend or withdraw the Website

Access to the Website is made available to you free of charge.

We do not guarantee that the Website or any Website content, will always be available or access uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website at any time for business and operational reasons.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms of Use and other applicable terms and conditions, and that they comply with them.

The Website is only for users in the UK

The Website is directed at individuals habitually resident in Great Britain (of England, Wales and Scotland). We cannot confirm that content available on or through the Website is appropriate for use or available in other locations outside of Great Britain.

You must keep your account details safe

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.

We have the right to disable any access to the Website or your password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of these Website Terms of Use.

If you know or suspect that anyone other than you is using your Customer Account details, you must promptly notify us using our contact details listed above.

How you may use material on the Website

You must not print off, copy or download any part of the content on the Website without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Website Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on the Website

The Website and all available content is provided for general information purposes only. The Website does not offer advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of information obtained from the Website. Although we make reasonable efforts to update the information provided to you, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.

We use reasonable care and skill in a professional manner in the way we obtain, compile, select and arrange the content on the Website, including descriptions of products. As a result, you acknowledge that the Website, including any associated content, may not:

fulfil your present or future individual needs or requirements. If you have any suggestions for content or further information for the Website, please do let us know using our contact details at the start of this Website Terms of Use; and

be complete, error-free, wholly accurate or up-to-date or that it will be delivered without interruption, delay, fault or error.

Clauses 1 and 8.2.2 do not affect your rights as a consumer if you buy products from us, including that the products correspond to any description we give you.

Intellectual Property

All intellectual property rights in the Website and its content throughout the world belong to us or our licensors. You have no intellectual property rights in the Website or its content and these rights are licensed (not sold) to you in accordance with these Website Terms of Use.

You shall ensure that our intellectual property ownership notices (e.g. © Kiln and Clay 2023 All Rights Reserved) and those of our licensors must clearly appear in all electronic or hard copies of the content (including extracts) from the Website.

We are not responsible for websites we link to

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Those links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources. Please check the terms of use of any third party websites carefully.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

For general use of the Website (rather than ordering a product from us) other than in clause 1, our total liability to you under these Website Terms of Use is £100.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of products to you, which are set out in our Consumer Terms and Conditions.

We are not liable for business losses. We only provide the Website for domestic and private consumer use. Unless agreed with us in advance in writing, you agree not to use the Website for any commercial or business purposes. If you use the Website for any commercial or business purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.

We are not responsible for viruses and you must not introduce them

We use reasonable firewall, virus and content filtering software, but we cannot guarantee 100% security or that the Website will be free from bugs, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful. We shall not have any responsibility for damage to, unauthorised access to, or viruses or other code that may affect any computer equipment, software, data or other property as a result of your access to the Website. We shall also not be responsible for the actions of third parties in breaching our security measures.

You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Our trade marks 

The "Kiln and Clay" name and logo are our group's intellectual property in both the UK and EU. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 7.

Rules about linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these Website Terms of Use.

If you wish to link to or make any use of content on the Website other than that set out above, please contact us using our contact details above.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Website Terms of Use through your use of the Website. When a breach of these Website Terms of Use has occurred, we may take such action as we deem appropriate. 

Failure to comply with these Website Terms of Use constitutes a material breach of the terms upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Website and any content.

Cancel any confirmed or pending orders for our products.

Issue a warning to you.

Commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Website Terms of Use. The responses described in these Website Terms of Use are not limited and we may take any other action we reasonably deem appropriate.

Changes to these Website Terms of Use

We may revise these Website Terms of Use at any time by amending this document. Any changes will be described in future versions of these Website Terms of Use. Each time you enter the Website or place an order with us, you are expected to check this document from time to time to take notice of any changes we make. Each time you enter the Website you agree that the Website Terms of Use current at that time shall apply to you. Please check back frequently to see any updates or changes to these Website Terms of Use.

Some of the provisions contained in these Website Terms of Use may also be superseded by provisions or notices published elsewhere on the Website from time to time.

Which country's laws apply to any disputes?

Please note that these Website Terms of Use, their subject matter and formation, are governed by English law. You or we may bring legal proceedings in the English courts. If you habitually live outside of England, you are entitled to bring legal proceedings in your home country.

TERMS & CONDITIONS - THE BASICS

Having said that, Terms and Conditions (“T&C”) are a set of legally binding terms defined by you, as the owner of this website. The T&C set forth the legal boundaries governing the activities of the website visitors, or your customers, while they visit or engage with this website. The T&C are meant to establish the legal relationship between the site visitors and you as the website owner. 

T&C should be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires T&C that are different from the T&C of a website only providing information (like a blog, a landing page, and so on).     

T&C provide you as the website owner the ability to protect yourself from potential legal exposure, but this may differ from jurisdiction to jurisdiction, so make sure to receive local legal advice if you are trying to protect yourself from legal exposure.

WHAT TO INCLUDE IN THE T&C DOCUMENT

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much much more. 

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.

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