TERMS & CONDITIONS
Price - For the time being this site is available for you to list your art pottery for free. We anticipate that at some time in the future, some fee will be necessary, but for now, as long as you abide by the terms and conditions, you are free to use the system.
For the most part, if its made of clay and collectable, you can place an add for it. To do so you must be registered. This is not for commercially available items. It is for collectable pottery. Items posted here that are available through commercial means will be removed. This would include items recently purchased at Pier 1, or other department stores, imported reproductions of classic pieces, and the like. Multiple attempts to place these items will result in the user being banned. Modern studio work is accepted, and artist are encouraged to list their best works here.
BY USING THE SERVICES OF Only Clay YOU AGREE TO THE FOLLOWING TERMS:
Only Clay is an on-line marketplace where Sellers and Buyers of art pottery meet to conduct transactions. We are not involved in the actual transactions between Sellers and Buyers.
Only Clay takes no responsibility for the truth or accuracy of product listings, or the quality, safety, or legality of any items offered for sale
Only Clay reserves the right to modify this agreement at any time, without prior notification.
Only Clay does not participate in the monetary transactions between Sellers or Buyers. Any changes to payments and terms not mentioned in the sale must be agreed upon between Buyer and Seller, memorialized in writing or email and be available to Only Clay for review. Unless otherwise stated, all fees and sale prices are quoted in United States dollars.
Only Clay is available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors.
Every Only Clay User is required to maintain valid contact information, usually consisting at least of an email address, in their User's information/profile file. This contact information will be provided to the Buyer once a purchase commitment has been executed in order to facilitate the transfer of funds and shipment of products. Failure on the part of any Only Clay User to maintain valid contact information may result in the Only Clay User's account being disabled, current listings being removed, current purchase commitments being voided, and all other parties, at their sole discretion, being released from their remaining obligations for any uncompleted transactions with User.
Every Only Clay User must agree to remove/adjust all email SPAM filters, including those at their respective Internet Service Provider, which may interfere with properly receiving email from any onlyclay.com host address or from the other party in a sales transaction. Interruption of email communications from onlyclay.com host addresses by SPAM filters may result in the Only Clay User being blocked from using Only Clay services.
Only Clay Users are explicitly prohibited from advertising for other sales and Classifieds web sites and venues, including their own web sites, in any one of the available methods of posting information at Only Clay. Only Clay reserves the sole right to determine if an activity violates this policy and to remove listings and/or ban respective Users accordingly.
Only Clay users are explicitly prohibited from using any form of extraction method or technology for retrieving email addresses from Only Clay for the purposes of SPAMMING or advertising of any kind. Only Clay reserves the sole right to determine if an activity violates this policy and to remove listings and/or ban respective users accordingly.
Only Clay reserves the right to refuse service to anyone at anytime for any reason whatsoever.
Only Clay Users release Only Clay of any liability resulting from the use or misuse and any item advertised for sale or sold at Only Clay.
Only Clay Users agree to hold Only Clay harmless if a loss or damage is experienced through the use of this system.
Only Clay does not guarantee that any Seller will complete the sale of an item or that any Buyer will complete the purchase of any item.
Any legal disputes arising from the use of Only Clay falls under the laws and jurisdiction of the State of Michigan without regards to the Choice of Law laws of that jurisdiction.
Only Clay does not assume any responsibility for any inappropriate use of the system, for any false information, or for Only Clay Users sending unsolicited email to other users.
Only Clay is not responsible for damage or loss caused by errors in the system or by interruption of Internet traffic. As an Only Clay user, you use Only Clay at your own risk.
Inspection Period: The return terms of any product are at the discretion of the Seller in accordance with what they communicate within that product's listing or as may otherwise be subsequently agreed to in writing by both the Seller and Buyer.
Business Day: For the purposes of these Terms and Conditions, a business day is a Monday through Friday 9:00 a.m. to 5:00 p.m. (Eastern United States Time), not including United States National Holidays.
All Only Clay Users are expected to abide by all federal, state, and local laws governing the offering, transfer, ownership and sale of products. It is the obligation of the User to know the law regarding such a sale, and to abide by the law as set forth. It is critical that Users of Only Clay use our service in a legal manner, consistent with standards of good citizenship. Any User found to be breaking laws in the use of our system will be expelled, and the proper authorities notified. Only Clay will cooperate with law enforcement in the prosecution of any individual suspected of breaking and violating laws.
Only Clay may edit or remove any listing, for any reason, at its sole and final discretion. Some of these reasons may include, but are not limited to, information that is illegal, in violation of these terms and conditions, inappropriate, offensive, misleading, fraudulent, or in poor taste.
Only Clay may terminate User participation and any of a User's current listings or purchase commitments immediately if they are in breach of this Agreement or if Only Clay is unable to verify or authenticate any information provided to it.
A winning Buyer is the individual who first reaches a mutually agreed upon purchase commitment with a Seller on a posted listing. Unless otherwise agreed upon in writing between the Buyer and Seller the price of the product will be that price shown in the product's listing which will not include shipping, handling (if applicable) and insurance costs unless otherwise noted by the Seller. NOTE: If a Seller hasn't confirmed their shipping, handling (if applicable), or insurance costs in their products description, Buyers should verify these costs with a Seller before committing to purchase an item.
A Buyer is contractually obligated by this Agreement to complete the transaction. All purchase commitments placed by the Buyer are final, binding, and may not be retracted. Only Clay will not retract a purchase commitment placed on a product unless we determine either the Seller or the Buyer are a fraud and is attempting to disrupt or interfere with other person's valid listing or purchasing attempts.
Once a Buyer has committed to purchase an item from a Seller, the Seller will provide total cost information to include purchase price, shipping expense. Sellers WILL NOT ship products until payment is received.
If the Buyer isn't contacted by the Seller with total cost information within Seller's specified time frame of the purchase commitment, the Buyer is relieved of any obligation to purchase that item from the Seller. However, the decision to do so is at the sole discretion of the Buyer.
If a Buyer does not fulfill their payment obligation within Seller's specified time frame of receiving Seller's total cost information, a Seller is relieved of any obligation to sell the item to the Buyer. However, the decision to do so is at the sole discretion of the Seller.
If an inspection period is provided according to the terms of their purchase commitment, and the Buyer properly notifies the Seller of a return during this period, the Buyer must take all prudent and reasonable steps to protect, return and insure the Seller's property. This includes properly packaging the products against harm in shipping and insuring the product for the value of the underlying sale price. Upon Seller's receipt of returned product, Buyer should receive payment through the same means that payment was originally made.
A Buyer does not legally own a product until any agreed upon inspection period has expired without proper notice of a return. If a Buyer uses a product, they then own it regardless of whether or not the end of any agreed upon inspection period has passed.
A Seller is an Only Clay user who offers items for sale through a) Only Clay services, or b) as a result of contact made by a Buyer from information obtained from the Only Clay system.
The Seller will have item(s) on hand before the listing for that item is created. Sellers cannot accept any offers after they have made a purchase commitment with a Buyer. Violations of any of the above, using Only Clay service in an auction-like manner, will be cause for immediate listing removal and possibly a permanent ban from Only Clay.
The Seller will accurately describe the item to be sold and the condition of the item to include wear and/or any damage (if applicable). If pictures are included, they will reflect the actual item - do not include extra items with the picture if they not included with the listing.
Sellers will accurately disclose any extra terms of sale. Such terms are not to contradict the Only Clay terms and conditions. These extra terms might include return policy and period, licensing requirements and costs for shipping and insurance.
If a Seller lists an item for sale at Only Clay, the Seller is obligated to complete the sale of that item if there is an agreed upon purchase commitment with a Buyer. Failure to complete the sale under those circumstances can be cause for expulsion from Only Clay.
Contact information to include such items as e-mail address, physical address, and telephone numbers are not to be displayed within an item's description. Contact will be made through the use of the contact seller function of the Only Clay system.
Once a Seller has received a purchase commitment from a Buyer, the Seller will provide total cost information to include purchase price, shipping expense, handling expense (if applicable) and added insurance cost within the spcified time frame. Once a Buyer has received total cost information from the Seller, the Buyer is obligated to ensure that Seller receives payment by traceable means within the specified time frame. This time period must take into account any time needed for personal checks, if that payment option is accepted by the Seller, to successfully clear the banking system. The Seller must ship the item via traceable means upon receipt of payment within a reasonable time frame. Sellers WILL NOT ship products until payment is received.
Seller must notify Only Clay through e-mail or the sold it function of the Only Clay function that an item has sold and remove that item from their active listings.
If the Seller doesn't contact Buyer with total cost information within the specified time frame of the purchase commitment period, the Buyer is relieved of any obligation to purchase that item from the Seller. However, the decision to do so is at the sole discretion of the Buyer.
Seller is relieved of any obligation to sell the item to the Buyer if the Buyer does not fulfill their payment obligation within the specified time frame of receiving Seller's total cost information. However, the decision to do so is at the sole discretion of the Seller.
If an inspection period is provided according to the terms of their purchase commitment, and the Seller is properly notified of a return during this period buy the Buyer, the Buyer must take all prudent and reasonable steps to protect, return and insure the Seller's property. This includes properly packaging the products against harm in shipping and insuring the product for the value of the underlying sale price. Upon Seller's receipt of returned product, a refund should be made to the Buyer through the same means that payment was originally made.
All product shipments must be fully insured for the selling price of the contents. A Seller continues to legally own a product until any agreed upon inspection period has expired without proper notice of a return. If a Buyer uses a product, they then own it regardless of whether or not the end of any agreed upon inspection period has passed.
Sellers are prohibited from utilizing the technique known as "spam listing." Spam listing is the practice of multiple listings of the same single item and/or including it in multiple categories for the purpose of increased coverage with the viewing public. Spam listing does not generally result in increased sales, however it typically result in increased bandwidth usage and Buyer frustration for having to sort through multiples of the same item from a single Seller. Only Clay reserves the right to determine whether or not a Seller is spam listing, removing that Seller's listings, and banning the Seller from Only Clay. NOTE: Sellers may have as many listings as they have exactly identical products.
If a Seller is expelled for violating the terms and conditions set forth herein, or for violating local, state or federal laws, or for fraud of any sort, no refund of any fees will be issued and all uncollected fees become due and payable to Only Clay. Only Clay will vigorously defend against any attempt to claim a refund to the point of pressing for criminal or civil liability.
If a Seller is caught "borrowing" another Seller's pictures and descriptions, that is considering theft and is grounds for expulsion from Only Clay.
In order to be fair to and protect the privacy of Only Clay Users, the use of this web site as a source of email addresses to directly solicit items in competition with a currently running listing will be discouraged. Individuals demonstrating this type of business ethic will be subject to cancellation of their User registration, at the sole discretion of Only Clay.
PROHIBITED SALES: The listing or sales of firearms, explosives, explosive devices, or instructions for creating explosives or explosives devices is prohibited at Only Clay. Only Clay reserves the sole right to determine what items are and are not permitted for sale.