Shipping and Return Policy

SHIPPING AND RETURN POLICY
FOR MK CLAYWORKS

1. INTRODUCTION

1.1 This Shipping and Return Policy ("Policy") outlines the process for shipping and returning items purchased from MK Clayworks ("Company," "we," "us," or "our") through our website www.mkclayworks.com ("Site").

1.2 By placing an order through our Site, you ("Customer," "you," or "your") agree to this Policy.

2. DEFINITIONS

2.1 "Goods" refers to any pottery items, ceramics, or related products available for purchase on the Site.
2.2 "Order" means a request placed by the Customer for the purchase of Goods.
2.3 "Delivery" means the point at which the Goods are transferred to the Customer's possession or control.
2.4 "Made-to-Order" means Goods specifically created or customized for a Customer.
2.5 "Glazing" refers to the glass-like coating applied to ceramic wares.

2.6 “Wholesale Order” means an Order purchased at a discount for resale by the purchaser at retail price, such Order being exempt from sales tax.

3. SHIPPING POLICY

3.1 Shipping Methods and Timeframes

a) In stock items will usually ship via standard shipping within 3 business days. In the event we are unable to meet this time frame, we will email you. Out of stock items require an average of 4 weeks’ production time.
b) For expedited shipping cost and time frames, please contact us.
c) Delivery times may vary based on your location and other factors beyond our control.

3.2 Shipping Costs

3.2.1 Retail shipping costs are 20% of the Order total, before tax.
3.2.2 We offer free standard shipping within the continental U.S. on retail Orders over $150.00 USD. This does not apply to Wholesale Orders.

3.2.3 Expedited and overnight shipping options may be available at an additional cost. Please email us for information on expedited shipping.

3.2.4 For shipping costs on Wholesale Orders, please email us.

3.3 International Shipping

3.3.1 We ship to select international destinations. Please email us for a quote.
3.3.2 International Customers are responsible for all customs duties, import taxes, and any other fees imposed by the destination country.
3.3.3 International shipping may be subject to additional delays due to customs processing and local regulations. 

3.4 Risk of Loss

3.4.1 Risk of loss passes to the Customer upon Delivery of the Goods.

3.5 Shipping Delays

3.5.1 In the event of a shipping delay, we will promptly notify you via email.
3.5.2 If the delay extends beyond 30 days from the original estimated delivery date, you may cancel the Order and receive a full refund.

3.6 Order Tracking

3.6.1 We provide tracking information for all shipments via email once your Order has been dispatched.

4. RETURN & EXCHANGE POLICY

4.1 Return and Exchange Timeframe

4.1.1 You may return or exchange Goods within 10 days of the date of Delivery.
4.1.2 All sales are final after 10 days post-Delivery.

4.2 Conditions for Acceptable Returns and Exchanges

4.2.1 Goods must be returned or exchanged in their original, unused, and unwashed condition. Do not attempt to use or repair any damaged item(s). We reserve the right to require the return of damaged items before issuing a refund or replacement.
4.2.2 All returns and exchanges require proof of purchase.
4.2.3 Made-to-Order, personalized, or special order items are not eligible for return or exchange unless they are defective or damaged upon receipt.

4.3 Return Process

4.3.1 To initiate a return of damaged Goods, within 10 days of date of Delivery of your Order, email us at margaret@circlefactory.com, with proof of purchase and clear well-lit photographs of the package, padding, and damaged Goods. 

4.3.2 To initiate a return or exchange of Goods that are not damaged, within 10 days of date of Delivery of your Order, email us at margaret@circlefactory.com for shipping instructions.
4.3.3 You are responsible for ensuring that returned Goods are adequately packaged to prevent damage during transit.

4.4 Return Shipping Costs

4.4.1 All returned and exchanged Orders are subject to a twenty percent (20%) restocking fee and Customers are responsible for return and exchange shipping costs, unless the return or exchange is due to our shipment of an incorrect item(s). These fees and costs will be deducted from the refund amount. In the case of an exchange, the shipping cost may be an additional charge where there is not a sufficient refund from which to deduct the cost.

4.5 Refunds and Exchanges

4.5.1 Upon receipt and inspection of the returned or exchanged Goods, we will process a refund to the original payment method or issue a store credit, as requested.
4.5.2 Refunds will be initiated and processed by us within 10 business days of receiving the returned Goods.
4.5.3 Exchanges may be requested in lieu of a refund, subject to product availability.

5. WARRANTY AND DISCLAIMERS

5.1 We warrant that our Goods will be free from defects in materials and workmanship upon Delivery. Customers are expected to inspect Orders within ten (10) days of Delivery to comply with the Return Policy set forth herein. Due to the handmade nature of our products, slight variations in color, size, and finish are normal and do not constitute defects. Defects in materials and workmanship may include but are not limited to:
a) Cracks or chips not caused by mishandling
b) Glaze defects such as crazing, pinholes, or blistering
c) Warping or deformation not consistent with the intended design

5.2 This warranty does not cover damage resulting from misuse, accidents, or normal wear and tear. Examples of non-covered damage include:
a) Chips or cracks from dropping or mishandling
b) Stains or discoloration from improper cleaning or use of abrasive materials
c) Thermal shock damage from extreme temperature changes

5.3 EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. CUSTOM AND PERSONALIZED ORDERS

6.1 Custom or Made-to-Order items are not eligible for return or refund unless they are defective or damaged upon receipt.

6.2 We will work with you to ensure your custom order meets your specifications before production begins. This process may include:
a) Providing detailed sketches or digital mockups
b) Sending glaze or clay body samples for approval
c) Confirming measurements and functional requirements

6.3 Production time for custom orders may vary and will be communicated at the time of order placement. Typical timeframes are:
a) Small custom Orders: 4 weeks
b) Large or complex custom Orders: 4-8 weeks, or more depending on specifics

7. DATA PROTECTION

7.1 We collect and use your personal information solely for the purpose of processing and fulfilling your Order.

7.2 Your shipping information will be shared with our delivery partners only as necessary to complete the delivery of your Order.

8. FORCE MAJEURE

8.1 We shall not be liable for any delay or failure to perform our obligations under this Policy if such delay or failure results from circumstances beyond our reasonable control, including but not limited to:
a) Acts of God, natural disasters, floods, or severe weather conditions
b) War, terrorism, riots, or civil unrest
c) Pandemics, epidemics, or public health emergencies
d) Government actions or regulations
e) Labor disputes or strikes
f) Significant supply chain disruptions
g) Cyber-attacks or other technological failures beyond our control

8.2 In the event of a force majeure occurrence:
a) We will notify you as soon as reasonably possible
b) We will take all reasonable steps to minimize the impact on our services
c) Delivery timeframes may be extended for the duration of the force majeure event
d) If the event continues for more than 60 days, either party may cancel affected Orders without penalty

9. CHARGEBACKS AND PAYMENT DISPUTES

9.1 In the event of a dispute regarding a charge on your payment method, please contact us at margaret@circlefactory.com before initiating a chargeback with your payment provider.

9.2 We will work with you to resolve any issues and provide necessary documentation to support the validity of the charge.

9.3 Fraudulent chargeback claims may result in the termination of your account and legal action.

10. LIMITATIONS OF LIABILITY

10.1 Our liability for any claim arising from this Policy shall not exceed the purchase price of the Goods in question.

10.2 We shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our shipping or return services.

11. DISPUTE RESOLUTION

11.1 In the event of a dispute arising from or relating to this Policy, the parties agree to attempt to resolve the dispute through good-faith negotiations for a period of 30 days.

11.2 If the dispute remains unresolved after the 30-day negotiation period, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules available at https://adr.org/consumer, and judgment on the award rendered by the arbitrator(s) may be entered in a court having jurisdiction thereof, North Carolina Courts having exclusive jurisdiction. The place of arbitration shall be Transylvania County, North Carolina, unless agreed otherwise by the parties. 

11.3 All parties retain the right to seek relief in small claims court for disputes or claims within the scope of its jurisdiction.

11.4 This Policy shall be governed by and construed in accordance with the laws of North Carolina, without giving effect to any choice of law or conflict of law provisions.

12. AMENDMENTS

12.1 We reserve the right to amend this Policy at any time. The most current version will be posted on the Site and will supersede all previous versions.

12.2 Your use of our services constitutes your acceptance of the posted Policy as of the date of your Order.

By placing an Order on our Site, you acknowledge that you have read, understood, and agree to be bound by this Shipping and Return Policy.

Last updated: 2/19/25
MK Clayworks

margaret@circlefactory.com