Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the website terracottatiles.online ("Website") and the purchase of products and services offered by Biswa Clay Tiles ("we," "us," or "our"). By accessing or using the Website, placing an order, or making a donation, you agree to be bound by these Terms.

These Terms are governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, including but not limited to the Electronic Transactions Act No. 19 of 2006, the Consumer Affairs Authority Act No. 9 of 2003, the Sale of Goods Ordinance (Cap. 83), and the Personal Data Protection Act No. 9 of 2022.

2. Definitions

• "Buyer" or "Customer" means any individual or entity that places an order through the Website.
• "Products" means the natural clay and terracotta products listed on the Website, including roof tiles, jaali screens, floor tiles, and wall cladding.
• "Order" means a request to purchase Products submitted through the Website at a mutually agreed price.
• "Donation" means a voluntary monetary contribution made through the Website to one of our charitable programmes.
• "Payment Processor" means MoonPay, the third-party service provider that facilitates payment processing on our behalf.

3. Eligibility

By using this Website, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into binding agreements under applicable Sri Lankan law. If you are acting on behalf of a corporate entity, you represent that you have the authority to bind such entity to these Terms.

4. Products and Pricing

4.1 Product Descriptions

We make reasonable efforts to ensure that product descriptions, dimensions, and images on the Website are accurate. However, as natural clay products are inherently variable in colour, texture, and minor dimensions, slight variations from the images and specifications displayed are normal and do not constitute a defect.

4.2 Custom Pricing

Products on this Website are sold at prices agreed upon between the Buyer and Biswa Clay Tiles prior to checkout. The Website does not display fixed retail prices. The Buyer enters the agreed price during the checkout process. By submitting an order, the Buyer confirms that the entered price reflects the price negotiated and agreed with us.

4.3 Currency

Orders may be placed in the following currencies: USD, EUR, GBP, AUD, or LKR. Minimum and maximum order values apply per currency. The final settlement is processed in cryptocurrency (USDC) through our Payment Processor. Exchange rate fluctuations between the fiat currency and the settlement currency are handled by the Payment Processor and are outside our control.

5. Orders and Contract Formation

5.1 Placing an Order

An order submitted through the Website constitutes an offer to purchase the specified Products at the stated price. A binding contract is formed only when we accept your order, which is confirmed by the generation of an order reference number and the successful processing of your payment.

5.2 Order Acceptance

We reserve the right to refuse or cancel any order for any reason, including but not limited to: product unavailability, pricing errors, suspected fraud, or failure of payment verification.

5.3 Order Tracking

Upon successful order placement, you will receive an order reference number that may be used to track the status of your order through the Website.

6. Payment Terms

6.1 Payment Processing

All payments are processed through MoonPay, our third-party Payment Processor. When you proceed to payment, you will be directed to MoonPay's secure payment widget, which handles all card processing and identity verification directly. We do not collect, process, or store your payment card details.

6.2 Cryptocurrency Settlement

Payments made through the Website are converted by MoonPay into cryptocurrency (USDC) and settled to our designated wallet. By placing an order, you acknowledge and agree to this payment mechanism, including any fees, exchange rates, or processing times imposed by MoonPay.

6.3 KYC Requirements

MoonPay may require you to complete identity verification (Know Your Customer) procedures as mandated by applicable anti-money laundering laws. Failure to complete KYC verification may result in your payment being declined or delayed. We are not responsible for delays or refusals arising from KYC verification requirements.

6.4 Payment Confirmation

Payment is deemed complete only when the cryptocurrency settlement is confirmed on the blockchain network. Order fulfilment will commence after payment confirmation.

7. Delivery

Delivery arrangements, including shipping method, timeline, and costs, are agreed upon separately between the Buyer and Biswa Clay Tiles based on the nature and quantity of Products ordered and the delivery destination. Delivery terms will be communicated to you after order confirmation.

Risk of loss or damage to Products passes to the Buyer upon delivery to the carrier or, where we arrange installation, upon completion of installation at the agreed site.

8. Refunds and Returns

8.1 Defective Products

If Products delivered are materially defective or substantially different from the description, the Buyer must notify us in writing within 7 days of delivery. Upon verification of the defect, we will, at our discretion, replace the defective Products or issue a refund. Natural variations in colour, texture, and minor dimensions of clay products do not constitute defects.

8.2 Non-Defective Products

Due to the bespoke and bulk nature of our products, returns of non-defective Products are accepted only with our prior written consent and may be subject to a restocking fee.

8.3 Refund Method

Where a refund is approved, it will be processed through the original payment method or an alternative method agreed upon with the Buyer. Due to the nature of cryptocurrency settlement, refund processing times may vary. We are not liable for exchange rate differences between the time of payment and the time of refund.

8.4 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under the Consumer Affairs Authority Act No. 9 of 2003 or the Sale of Goods Ordinance (Cap. 83) of Sri Lanka.

9. Donations

9.1 Voluntary Contributions

Donations made through the Website are voluntary contributions to support our charitable programmes, including Artisan Apprenticeships, Kiln Restoration, and Clay & Water Conservation.

9.2 Non-Refundable

Donations are non-refundable once successfully processed, except where required by law or in cases of manifest processing error.

9.3 Use of Donations

We will use reasonable efforts to apply donations to the campaign selected by the donor. However, we reserve the right to allocate funds across programmes where operational needs require.

10. Intellectual Property

All content on the Website, including text, images, logos, graphics, product photographs, and website design, is the property of Biswa Clay Tiles or its licensors and is protected under the Intellectual Property Act No. 36 of 2003 of Sri Lanka and applicable international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on the Website without our prior written permission.

11. Limitation of Liability

11.1 General Limitation

To the maximum extent permitted by Sri Lankan law, Biswa Clay Tiles shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website or the purchase of Products, including but not limited to loss of profits, loss of data, or business interruption.

11.2 Maximum Liability

Our total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the total amount paid by you for the specific order giving rise to the claim.

11.3 Third-Party Services

We are not liable for any loss, delay, or damage caused by the acts or omissions of third-party service providers, including but not limited to MoonPay (payment processing), blockchain networks (settlement), or delivery carriers (shipping).

12. Disclaimers

The Website and its content are provided on an "as is" and "as available" basis. While we strive for accuracy, we do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components. We disclaim all warranties, whether express, implied, or statutory, to the extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Biswa Clay Tiles, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your breach of these Terms, your misuse of the Website, or your violation of any applicable law.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, epidemics, war, civil unrest, government restrictions, supply chain disruptions, power failures, or interruptions to telecommunications or internet services.

15. Electronic Transactions

In accordance with the Electronic Transactions Act No. 19 of 2006, you agree that electronic records, communications, and signatures used in connection with these Terms and your orders shall have the same legal validity and enforceability as their paper-based equivalents.

16. Privacy

Your personal data is collected and processed in accordance with our Privacy Policy, which forms part of these Terms. By using the Website, you consent to such collection and processing as described therein.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.

17.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved amicably within 30 days, either party may refer the matter to mediation under the rules of the Sri Lanka National Arbitration Centre. If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the courts of the Democratic Socialist Republic of Sri Lanka.

17.3 Consumer Complaints

Consumers may also lodge complaints with the Consumer Affairs Authority of Sri Lanka in accordance with the Consumer Affairs Authority Act No. 9 of 2003.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

19. Amendments

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. For material changes that affect existing orders, we will make reasonable efforts to notify affected Buyers.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Biswa Clay Tiles regarding the use of the Website and the purchase of Products, superseding all prior agreements, communications, and understandings.

21. Contact Us

For any questions or concerns regarding these Terms, please contact us:

See also: Privacy Policy