Terms & Conditions
(Terms of Purchase)
These Terms of Purchase (“Terms”) apply to all orders placed with KaiYao (“we”, “us”, “our”) through our website or any other sales channel operated by us. Please read these Terms carefully before placing an order. By placing an order you agree to be bound by these Terms.
About KaiYao and Contact
1.1 KaiYao is a curated platform for ceramic artworks, operated from London, United Kingdom.
1.2 If you have any questions about your order, you can contact us using the contact details provided on our website.
Our Products
2.1 KaiYao offers ceramic artworks created by independent artists, mainly based in Jingdezhen, China and other ceramic centres.
2.2 Each piece is handmade and may include natural variations in colour, glaze, texture and form. These are inherent features of the making process and shall not be considered defects.
2.3 We make reasonable efforts to display colours and details accurately, but we cannot guarantee that your device’s display will perfectly reflect the actual appearance of a piece.
Ordering and Contract Formation
3.1 By placing an order, you make an offer to purchase the products selected in accordance with these Terms.
3.2 After you place an order, you will receive an acknowledgement email. This email does not constitute acceptance of your order.
3.3 A binding contract is formed only when we send you a shipping confirmation email, or when we dispatch the products to you, whichever occurs first.
3.4 We reserve the right to decline or cancel any order at our discretion, for example where the product is unavailable, there is an error in pricing or description, or we suspect fraudulent activity. In such cases, any payments made will be refunded.
Prices, Taxes and Payment
4.1 All prices are shown in the currency indicated on our website and are inclusive or exclusive of any taxes as stated on the product and checkout pages.
4.2 Prices do not necessarily include shipping, customs duties or import taxes, which may be charged separately depending on your delivery address.
4.3 We may change prices at any time, but such changes will not affect orders for which we have already sent a shipping confirmation.
4.4 Payment methods are specified at checkout. By providing payment details, you confirm that you are authorised to use the chosen payment method.
4.5 Your order will not be processed until full payment has been received or authorised.
Shipping and Delivery
5.1 We ship from our base in the United Kingdom to the destinations listed on our website. We may update available destinations from time to time.
5.2 Estimated delivery times shown on the website or in communications are for guidance only and are not guaranteed.
5.3 We are not responsible for delays caused by customs, carriers, strikes, extreme weather or other events beyond our reasonable control.
5.4 Risk of loss and damage passes to you when the products are delivered to the address you provided or to a carrier designated by you.
International Orders, Customs and Import Duties
6.1 If you order products for delivery outside the United Kingdom, your order may be subject to import duties, taxes and fees imposed by the destination country.
6.2 Such charges are typically collected by the carrier or customs authority and are your responsibility. We have no control over these charges and cannot predict their amount.
6.3 You are responsible for complying with any applicable import regulations and restrictions in your country. We are not liable if you break any such laws.
Condition on Delivery and Damage in Transit
7.1 Our pieces are fragile. We inspect and professionally pack each piece before dispatch.
7.2 On delivery, you should carefully inspect the package and the products as soon as reasonably possible.
7.3 If a product arrives damaged, you must contact us within 48 hours of delivery, providing clear photographs of:
(a) the outer packaging;
(b) the inner packaging; and
(c) the damaged product.
7.4 Where damage in transit is confirmed, we will, at our discretion and subject to availability, offer one of the following solutions:
(a) a replacement of the same or similar piece; or
(b) a full or partial refund, including reasonable shipping costs.
7.5 We may ask you to return the damaged product or to retain it for inspection or insurance purposes.
Returns and Refunds (Change of Mind)
8.1 We want you to live with the piece, not simply receive it. At the same time, our works are fragile and often unique.
8.2 If you are a consumer in the UK or the EU, and unless an exception applies, you may have a statutory right to cancel your order within 14 calendar days from the day after you (or a person you nominate) receive the products.
8.3 In addition to any statutory rights, we provide the returns policy described in this clause 8. Where there is any conflict between this clause and your mandatory statutory rights, your statutory rights shall prevail.
8.4 To request a return for change of mind, you must contact us within 14 calendar days of delivery. We will provide instructions for returning the product.
8.5 Products must be returned:
(a) in their original condition, unused and undamaged;
(b) with all original packaging materials (or equivalent protective packaging); and
(c) together with any certificates or documentation supplied.
8.6 You are responsible for the cost and risk of returning the products to our designated address in the United Kingdom, unless the return is due to our error or a defective product.
8.7 We strongly recommend using a tracked and insured shipping service when returning fragile items.
8.8 Once we receive and inspect the returned product, we will confirm whether a refund can be approved. If approved, we will refund the product price, less any:
(a) outbound shipping costs (unless otherwise required by law); and
(b) customs duties, import taxes and non-refundable fees.
8.9 Refunds will be made using the same payment method you used for the original transaction, unless we agree otherwise with you.
8.10 The following items are normally not eligible for return due to change of mind, unless they are defective:
(a) personalised or custom-made pieces;
(b) items sold as “final sale” or clearly marked as non-returnable;
(c) items that have been used, damaged or altered after delivery.
Defective Products (Non-conformity)
9.1 A product is considered defective if it significantly fails to conform to the description on the website, or if it has material faults beyond the natural variations of handmade ceramics.
9.2 If you believe a product is defective, you must notify us as soon as reasonably possible after discovering the defect and provide details and photographs.
9.3 Where a defect is confirmed and not attributable to misuse, accident, lack of care or normal wear and tear, we will offer, at our option and subject to availability:
(a) repair (where feasible);
(b) replacement; or
(c) a full or partial refund.
9.4 Nothing in these Terms affects any mandatory statutory rights you may have under applicable consumer protection laws.
Care, Use and Safety
10.1 Our pieces are primarily art objects. Some may be suitable for functional use (such as tableware), but others are intended solely for display. The website description will indicate intended use where relevant.
10.2 You are responsible for using the products in accordance with any care and safety instructions provided by us or the artist.
10.3 We are not liable for damage resulting from misuse, improper cleaning, impact, exposure to extreme temperature changes, dishwashers, microwaves or outdoor conditions, unless explicitly stated as suitable.
Limitation of Liability
11.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.
11.2 To the fullest extent permitted by law, we shall not be liable for:
(a) any indirect or consequential loss;
(b) loss of profits, business, contracts, goodwill or anticipated savings; or
(c) losses arising from events beyond our reasonable control.
11.3 Our total liability to you in respect of any claim arising out of or in connection with your purchase of products from us shall not exceed the total amount paid by you for those products.
Personal Data
12.1 We will process your personal data in accordance with our Privacy Policy, which forms part of these Terms.
12.2 By placing an order, you consent to the processing of your personal data as described in our Privacy Policy.
Governing Law and Jurisdiction
13.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
13.2 If you are a consumer resident in the UK or EU, you may also benefit from mandatory consumer protection provisions of your country of residence, which will apply in addition to the laws of England and Wales.
13.3 The courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with these Terms. If you are a consumer, you may also be entitled to bring proceedings in the courts of your country of residence.
Changes to These Terms
14.1 We may update these Terms from time to time, for example to reflect changes in our business or in applicable law.
14.2 The Terms applicable to your order are those in force at the time you place your order, unless a change to the Terms is required by law or governmental authority (in which case it may apply to orders you have already placed).
Contact and Complaints
15.1 If you have any questions, feedback or complaints, please contact us using the details on our website. We will do our best to respond within a reasonable time and to resolve any issues in good faith.