George Ormerod Ceramics
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The term "George Ormerod" or "us" or "we" refers to the owner of the website whose registered office is 271 Wingrove Rd North, Fenham, Newcastle upon Tyne NE4 5EH. The term "you" refers to the user or viewer of our website.
The information contained in this website is for general information purposes only. The information is provided by "George Ormerod" and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
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Terms & Conditions of Sale of George Ormerod, trading as
Ceramics by George Ormerod, of 271 Wingrove Road North,
Fenham, Newcastle on Tyne, NE4 9EH
In this document the following words shall have the following meanings:
1.1 ''Customer” means the organisation or person who buys Goods
from the Seller;
1.2 "Goods" means the articles to be supplied to the Customer by
1.3 "Intellectual Property Rights" means all patents, registered and
unregistered designs, copyright, trade marks, know-how and
all other forms of intellectual property wherever in the world enforceable;
1.4 "Price List" means the list of prices of the Goods maintained by
the Seller as amended from time to time;
1.5 "Seller” means Ceramics by George Ormerod 271 Wingrove
Road North, Fenham, Newcastle onTyne NE4 9EH
2.1 These Terms and Conditions shall apply to all contracts for the
sale of Goods by the Seller to the Customer to the exclusion of all other
terms and conditions referred to, offered or relied on by the Customer
whether in negotiation or at any stage in the dealings between
the parties, including any standard or printed terms tendered by the
2.2 Any variation to these Terms and Conditions (including any
special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller.
2.3 In accordance with the Distance Selling Regulations, the
2.4 Acceptance of delivery of the Goods shall be deemed
conclusive evidence of the Customer’s acceptance of these conditions.
3. PRICE AND PAYMENT
3.1 The price shall be that stipulated in the Seller’s published List
Price current at the date of delivery of the goods (the Seller is not VAT
registered). Carriage is inclusive for sales direct from the website for
areas on mainland UK. For areas outside of mainland Uk carriage shall
be paid for by the Customer at the rate negotiated between the seller
and the customer. Any import duties and Taxes liable outside Uk are to
be paid by the customer., Payments are to be made by the Customer to
the Seller by valid bank card. BACS Payment may be made for goods
independently not subject to the website card mechanisms . BACS
Payment details are detailed on the Seller’s invoice. Payment by
cheque shall be by agreement with the Seller & will incur a 75p extra
3.2 Payment of the price and any other applicable costs shall
become immediately due and payable to the Seller on placement of an
order unless an application for credit has been made by the Customer
and accepted by the Seller. If the Seller agrees to give credit then
payment in full shall be due and payable within 28 days of the date of
receipt of the invoice supplied by the Seller. The time of payment of the
Price shall be of the essence.
3.3 The Seller shall be entitled to charge interest on overdue
invoices from the date when payment becomes due from day to day
until the date of payment at a rate of 3% per annum above the Barclays
Bank plc base rate and shall accrue at such rate after as well as before
3.4 If payment of the price or any part thereof is not made by the
due date, the Seller shall be entitled to:
3.4.1 require payment in advance of delivery in relation to any
Goods not previously delivered;
3.4.2 refuse to make delivery of any undelivered Goods whether
ordered under the contract or not and without incurring any liability
whatever to the Customer for non-delivery or any delay in delivery;
3.4.3 terminate the contract.
3.4.4 Claim all costs and expenses (including legal costs on the
basis of a full indemnity) incurred in recovering or attempting to
Any description given or applied to the Goods is given by way of
identification only and the use of such description shall not constitute a
sale by description. For the avoidance of doubt, the Customer hereby
affirms that it does not in any way rely on any description when entering
into the contract.
All goods are handmade and subject to variation in colour and size.
5.1 Unless otherwise agreed in writing, delivery of the Goods shall
take place at the address of the Customer. The Customer shall make
all arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
5.2 The date of delivery specified by the Seller is an estimate only.
Time for delivery shall not be of the essence of the contract.
5.3 The Customer shall be entitled to replacement Goods where the
Goods have been damaged during transportation. The Customer
must notify the Seller of the damage within 14 days of delivery.
Where the Customer chooses to collect the Goods itself, risk will pass
when the Goods are entrusted to it.
Title in the Goods shall not pass to the Customer until the Seller has
been paid in full for the Goods.
8.1 In accordance with the Distance Selling Regulations, the
Customer shall be entitled to cancel this Agreement within seven
working days after delivery of the Goods. The Customer shall pay to
return the Goods to the Seller in good condition. Following receipt of
the returned Goods the Seller shall refund the Customer the price of the
returned Goods minus the P & P costs.
8.2 Goods that are made to order are not able to be returned unless
they are faulty.
8.3 Thereafter, the Customer may return faulty Goods within 28
days of delivery. Otherwise the Customer shall be deemed to have
accepted the Goods.
8.4 After acceptance the Customer shall not be entitled to reject
9.1 Except in respect of fraud or death or personal injury caused by the Seller’s negligence or liability for defective products under
The Consumer Protection Act 1987 the entire liability of the Seller in
connection to the contract shall not exceed the price of the
9.2 The Seller shall not be liable pursuant to the contract for any
loss of profit or goodwill or from any type of indirect, incidental,
special consequential or exemplary loss, damage costs or expenses.
10. LIMITATION OF LIABILITY
10.1 Where any court or arbitrator determines that any part of
Clause 9 above is, for whatever reason, unenforceable, the Seller shall
be liable for all loss or damage suffered by the Customer but in an
amount not exceeding the contract price.
10.2 Nothing contained in these Terms and Conditions shall be
construed so as to limit or exclude the liability of the Seller for death or
personal injury as a result of the Seller’s negligence or that of its
employees or agents.
11. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested,
become the absolute property of the Seller.
12. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of Goods from the source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
13 . RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as
establishing or implying any partnership or joint venture between the
parties and nothing in these Terms and Conditions shall be deemed to
construe either of the parties as the agent of the other.
The failure by either party to enforce at any time or for any period any
one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or
unenforceable provision eliminated.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with
the law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.
George is a nationally exhibited ceramicist, based in Newcastle upon Tyne.
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