TEREMS AND CONDITIONS
The following terms and conditions listed below apply between you (“Customer” or “you”) and Lobster Rose Pottery (“LRP”) for the sale and purchase of any items purchased from Lobster Rose Pottery, in person, by phone, or by way of this or any website.
LIQUIDATED DAMAGES
Customer agrees that LRP’s maximum liability to Customer shall be amount Customer actually paid for the item(s) purchased after any discounts or other price modifiers. This includes only the cost of items, and does not reflect any fees paid to a common carrier for shipping or freight.
AS-IS
All items, pottery, clothing, patches, or otherwise, offered on this site are provided “as is” and without warranties of any kind, whether express or implied.
CERAMIC CARE
Most pieces sold by LRP are dishwasher safe, and those pieces of pottery or ceramic that are not, are listed as such in their description. Customer shall read all descriptions of produce thoroughly and failure to do so before receiving the item waives any refunds or rights to damages. All surfaces designed to be in contact with food have been glazed with food-safe, lead-free glazes. Hand-washing will always prolong the life cycle of pottery sold from LRP. Do not expose the wares to sudden, dramatic shifts in temperature (e.g. place into a hot oven from the freezer) or place over an open flame.
All LRP products are handmade and as such are unique and may contain small flaws. Customer acknowledges they are purchasing hand made products from LRP, and that such small flaws are part of the nature of the product. All items for sale are personally inspected both visually and manually by LRP personnel; examining every surface of every pot and ceramic. LRP works hard to make sure we produce high quality pieces. All pieces are inspected, but flaws are still common and every pot probably has one. Customer therefore acknowledges that such flaws are natural, unavoidable parts of a handmade product. Additionally customer acknowledges that micro-cracks sometimes form in clay as well. Micro-cracks are impossible to detect or predict, and may cause small points of leakage. Customer shall waive all claims of damage related to a leaky pot or ceramic piece and hereby agrees to test all pottery and ceramics on a water safe surface for a minimum of 24 hours before using them on any non-water safe surface or near electronics.
CAUTION: Pottery will break if dropped or banged against hard surfaces.
Broken pottery CANNOT be repaired
Broken pottery shards are sharp and can be dangerous. Dispose of them in the garbage safely while wearing cut resistant gloves if possible.
CUSTOM WORK
For custom commissions LRP requires 50% payment of the total project up front at the time of acceptance and the remaining 50%, plus shipping costs upon completion of the project, prior to shipment. Production time is usually 6-8 weeks, unless otherwise discussed and begins with the receipt of 50% down payment. Production time may increase up to 10-12 weeks during peak holiday/show months.
The initial 50% down payment on any piece is non-refundable. Once the finished piece is shipped the total cost is non-refundable.
Custom work always includes conversation between LRP and buyer to ensure all are as happy as possible with the outcome of the commission.
REFUNDS AND RETURNS
It is important to LRP that you are satisfied with your purchase. If you feel there is an egregious flaw in your piece, or you are otherwise unhappy with your pottery, please contact us. Please understand that qualities like rough edges, finger marks and strange colors or textures are not flaws- they are intentionally put into each piece of artwork. Before making any purchases, please examine the product descriptions. LRP works diligently to convey truth in every photograph and text description in our online store. LRP asks that you respect these efforts by thoroughly investigating and understanding all aspects of your pottery order before sending us any money. LRP will ask for pictures and a written description of any egregious flaw before any return or refund can be authorized
If Customer wish to return non custom-commissioned piece(s), all sales are refundable within 15 days of your purchase date, but only if we receive the exact pottery that you ordered, first returned to us in the same condition it was received. LRP WILL NOT PAY FOR RETURN SHIPPING COSTS FOR PRODUCTS. After we receive your pottery returned in the same condition it was received, then we will process your refund for the amount Customer paid for pottery only. THIS DOES NOT INCLUDE INITIAL SHIPPING COSTS. Customer shall be liable for all damage that occurs during return shipping, so we strongly encourage you to pack the items well in the shipping container, insure your package, and ship via a trusted carrier.
After receiving the exact pottery you purchased in original condition, LRP will process your refund in 1-3 business days via the method in which Customer originally paid.
DAMAGED ITEMS
If you receive an item broken or otherwise damaged in shipment, please contact LRP via email within five (5) days. LRP ships all packages with insurance. LRP recommends shaking any questionable looking package before opening said package – they should never make noise. Picture documentation helps with shipping insurance claims. Take photos of the unboxing in case of a questionable looking package making noise. LRP will handle the claim with the shipping carrier and arrange sending a replacement out to you free of charge as soon as possible. Please retain the packaging and broken product until notified. Occasionally (especially for larger orders) the shipping carrier will want to collect and inspect the damage prior to approving a claim.
SHIPPING POLICIES
Handling costs range from $5-$15 per pot and help cover packing material.
All packages are shipping through the U.S. Postal Service.
Packages will be shipped within 1-7 business days of payment being received.
Most international shipments will involve direct contact with the customer.
We reserve the right to adjust the final cost of shipping and handling based on actual extra costs incurred.
LRP is not liable for lost or stolen packages. Customer acknowledges that upon transfer of package from LRP to USPS or other approved courier, said courier becomes responsible for the state and location of said package and Customer agrees to bring any such claim for loss against the carrier in question. LRP will not be held responsible for additional shipping charges incurred if packages are returned to our store due to customer absence, errors in shipping addresses or package refusal. If Customer refuses any shipments from LRP through a common carrier, you remain responsible for all original shipping charges, and the cost of returning the package to us. We will subtract this amount from your merchandise credit, if any.
Locally, studio pickup is available free of charge. Please contact us if you are outside of the Kansas/Missouri area and wish to pick up from the studio. We will hold purchased product in our studio for 30 days before we consider it abandoned. Abandoned merchandise is subject to a 25% restocking fee.
International Shipping
International orders are shipped via USPS and insured for full value. Orders can take anywhere from 1-3 weeks or more for delivery depending on the speed of your local post and customs office. Please note that your order may be subject to import duties and taxes, which are levied once a shipment reaches your country, and Customer shall be responsible for paying all additional charges for customs clearance. Customer should contact their local customs office for further information. LRP will not mark merchandise shipped overseas as a gift or otherwise lie about the product’s fair market value to skirt or reduce customs fees.
ADDITIONAL TERMS AND CONDITIONS
All prices are subject to change without notice.
Goods will be sent to the exact address given by Customer in their order.
By ordering a product you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.
FORCE MAJEURE
Customer waives all claims against LRP and acknowledges that LRP shall have no liability to Customer for any failure to deliver goods that have been ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance such as earthquake, hurricane, tornado, workers strike, civil unrest, act of God, beyond its reasonable control,
SEVERABILITY
If for any reason part of these terms and conditions is found unenforceable, or removed by a court of competent jurisdiction; the validity of the remaining terms and conditions shall not be affected
CHOICE OF VENUE.
Customer hereby agrees that by placing an order with LRP, they shall be bound to bring all claims regarding that order or LRP with the State of Kansas, in Johnson County, or if in Federal Court the US District Court for the State of Kansas.
PRIVACY AND SECURITY
When Customer purchases something from the LRP store, as part of the buying and selling process, LRP collects the personal information Customer gives us such as their name, address and email address.
When you browse our store, LRP also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about Customer’s browser and operating system.
Email marketing: With Customer’s permission, LRP may send you emails about our store, new products and other updates.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Payments to us via credit cards are handled through established third party processing centers and they are responsible for that security.
Cookies may be used to enhance users browsing experience. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, cannot contain viruses and occupies virtually no space on your hard drive.
Data Protection
Lobster Rose Pottery will never make your personal details available to other companies for marketing purposes. We will keep a record of your address details with the intention of sending your order. Information you enter into our registration forms may be collected and stored briefly by us so that we may contact you in relation to the nature of your attempted transaction, even if you do not confirm the transaction. This may be used to send operational emails to enquire as to why the purchase was not completed. We will not use this data for any other purpose, we will not store it for longer than necessary and we certainly will not share it with any other company. Our aim is simply to provide you with the highest level of service that we can.