1. Overview

  1. This website is operated by Mindseye Distribution Pty Limited for and on behalf of itself and its affiliate entity Cisco & the Sun. Throughout the site, the terms “Cisco & the Sun”, “we”, “us” and “our” refers to Mindseye Distribution Pty Limited and it’s entities.
  2. The following terms and conditions (“Terms”) apply to your use of our website https://ciscoandthesunhome.com/, any of its sub-domains and any mobile device application or desktop application developed by us ("Website", „Site“).
  3. Mindseye Distribution Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
  4. By visiting our site and/ or ordering a product or service („Product“) from us, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you have to leave the Website immediately and may not use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
  5. Any new features and Products added to the current Website are subject to the Terms. We reserve the right to change these Terms by posting updates to our Website. It is your responsibility to check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  6. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. Your Responsibilities

  1. By agreeing to the Terms, you represent that (i) you are at least the age of majority in your state or province of residence; and (ii) you are an authorized user of the credit or debit card used to place your order; and (iii) that there are sufficient funds in the account to cover the cost of your order.
  2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  3. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  4. You must not transmit any worms or viruses or any code of a destructive nature.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

3. General Conditions

  1. When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications will be in writing.
  2. A breach or violation of any of these Terms will result in an immediate termination of your Services.
  3. All descriptions of Products and Product pricing or any parts thereof are subject to change at any time without notice, at the sole discretion of us. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Products.
  4. We reserve the right to refuse or limit the sales of our Products to anyone for any reason at any time. We may exercise this right on a case-by-case basis. 

4. Accuracy, Completeness and Timeliness of Information

  1. We are not responsible if information made available on the Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
  2. This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

5. Prices

  1. Postage and handling charges are excluded in the item pricing and are calculated upon checkout.
  2. 2. If you are ordering items from outside of your territory, you may need to pay import duties upon receipt of the products. We have no information and/or control over these charges. You will be solely responsible for payment of any such charges. Please see the "Shipping Information" section for further details. 

6. Payment and Security

  1. The payment methods we offer may change from time to time and are presented upon the checkout process. We currently accept Paypal, Visa and MasterCard payments. Credit card purchases are handled via Shopify payments system to ensure safe and secure payment.
  2. For your security we do not store your credit card details on our Website. 

7. Products and Orders

  1. By placing an order, you are offering to purchase the Products.
  2. Orders will be dispatched once your payment has been confirmed.
  3. We have made every effort to display the colours and images of our products as accurately as possible but we cannot guarantee that your computer monitor’s display of any colour will be accurate. Actual colours on finished Products may vary from colours displayed. 

8. Faulty Items and Breakage Policy

  1. Any slight markings or variations in our ceramics are intentional. The colours of our ceramics are mixed and applied by hand and will therefore always vary (which is part of their charm). Due to the slight temperature variations that can occur during the firing process or the position of the piece in the kiln, colours of (under) glazes as well as the clay itself may vary between pieces.
  2. We take great care in packaging the products as safely as possible. Each piece is carefully wrapped in an eco-friendly way. In the unlikely event where a Product arrives damaged and/or faulty, please contact us with a photo of product within 48 hrs of the receipt of the goods.
  3. Please note that if you receive a package which is visually damaged or opened, you are responsible to ensure that this is noted with the carrier before accepting receipt of your order.
  4. Please refer to our Return Policy for details on the return of faulty items. 

10. Third Party Links

  1. Certain content and Products available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  2. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.

11. User Comments, Feedback and other Submissions

  1. If, at our request, you send to us certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (together referred to as „Comments“), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments. With regards to any Comments, we shall be under no obligation (1) to maintain confidentiality; (2) to pay compensation; or (3) to respond.
  2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
  3. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous- or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

12. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy

13. Errors, Inaccuracies and Omissions

  1. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14. Copyright

All of the products, designs, logos, text and photographs on our website are protected by copyright, owned by us and/or third parties and may not be used without permission. The content must not be reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way without our express authorisation. If you would like to feature our work, please get in touch to request images and / or usage rights.

15. Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

16. Disclaimer of Warranties; Limitations of Liability

  1. We do not warrant that the quality of Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  2. We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
  3. You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  4. In no case shall Mindseye Distribution Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
  5. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend and hold harmless Mindseye Distribution Pty Ltd, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. Termination

  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our Website.
  3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20. Entire Agreement and Severability

  1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  2. These Terms and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
  3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
  4. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

22. Changes to Terms

  1. You can review the most current version of these Terms at any time at this page.
  2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

23. Questions?

Please get in touch with us via mail to shop@ciscoandthesunhome.com. We are here to help.

Last modified: 16 June 2019.