Terms and Conditions
Attention visitors to this site:
These terms and conditions were last updated on 29 March 2010. Please check back regularly to see the current terms and conditions.
Acknowledgement and acceptance of terms and conditions:
This website is owned and operated by Berwick Potteries Pty Ltd (ABN: 67004765717 ) ("Berwick Potteries"). By accessing, browsing or using this website, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms & Conditions") and acknowledge and agree that you have read and understood these Terms and Conditions.
By downloading any of the pages on this website you expressly agree to be bound by these Terms and Conditions.
Amendments to terms and conditions
Berwick Potteries may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notice by e-mail, conventional mail service, or any other means of communication, including notification in this section of this website. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
User and other information provided by you
The information contained on this website is provided by Berwick Potteries in good faith on an "as is" basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this website but Berwick Potteries expressly disclaims any liability for any incorrect information or prices published on this website or for the lack availability of any product in any Berwick Potteries store.
None of Berwick Potteries, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. To the fullest extent permitted by applicable law, Berwick Potteries disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Berwick Potteries makes no warranty that this website, any information or ideas contained on this website or any products or services advertised on this website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.
Limitation of liability
None of Berwick Potteries, its related bodies corporate, any of their directors, officers, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from your use or your inability to use this website, your reliance on any information or advice contained on this website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this website, including but not limited to, damages for loss of profits, loss of use, loss of data or other intangible, even if Berwick Potteries has been advised as to the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Berwick Potteries for any breach of such term, condition or warranty shall be limited to the minimum permitted by the Act of Parliament.
Prices for Products or services
Prices of products and services and delivery and other charges displayed on this website are current at the time of placement on the website (errors and omissions excepted), but may change at any time and are subject to availability. The availability of products and services may change from time to time.
Our Return Policy is incorporated into these terms and conditions and may be inspected at Berwick Potteries store.
Links to other websites
This site may contain links to websites maintained by other companies and organisations. Berwick Potteries does not make any representation as to the accuracy of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
This website may also contain third party advertisements (including banner ads and referral buttons) which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this website does not constitute a recommendation or endorsement by Berwick Potteries of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it.
Unless otherwise indicated, copyright in the information on this website is owned by Berwick Potteries. All rights are reserved.
You may download a single copy of the information on this website and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on this website may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Berwick Potteries..
If you believe that you own the copyright in any work and that work is displayed on this website without your consent, please contact Berwick Potteries and your complaint will be investigated.
Third party copyright and trademarks
Third party names, logos and icons identifying third party products and services referenced herein are trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.
Berwick Potteries does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Berwick Potteries will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Berwick Potteries, that liability shall be limited to the cost of re-supplying that information.
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have in the future against Berwick Potteries, its related bodies corporate, directors, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the Commonwealth of Australia. You and Berwick Potteries agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia or any Federal Court sitting in Melbourne Victoria.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Berwick Potteries failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Berwick Potteries in writing.
Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. Berwick Potteries cannot guarantee that it will be able to prevent any illegal or inappropriate use of this website, nor can Berwick Potteries guarantee that it will give advance notice or warning of any illegal or inappropriate use of this website.