TERMS OF SALE - MERVYN GERS CERAMICS
Last Updated: 17.08.2026
Please read these Terms carefully before placing an Order. By confirming payment for an Order on
the Website, you agree to be bound by these Terms, in accordance with clause 4.3 below.
1. INTRODUCTION
1.1. Mervyn Gers Ceramics Proprietary Limited (registration number: 2013/212734/07)
(“MGC”) sells handmade ceramic products via its online store the Website, which is
hosted on the Shopify e-commerce platform (“Shopify”).
1.2. These Terms govern every Order placed via the Website and, together with our
Privacy Policy and any Order confirmation issued by us, constitute the entire
agreement between MGC and the Purchaser in respect of that Order.
1.3. These Terms are supplemental to, and do not exclude or limit, any rights a Consumer
has under the CPA, ECTA, or any other applicable South African legislation. Where
any provision of these Terms conflicts with a right a Consumer cannot lawfully waive,
the statutory right prevails.
2. INTERPRETATION AND DEFINITIONS
2.1. In these Terms, unless the context indicates otherwise, the following words shall have
the meaning ascribed to them:
2.1.1. “Business Day(s)” means any day(s) other than a Saturday, Sunday, or
an official public holiday in the Republic of South Africa;
2.1.2. “Consumer” bears the meaning given to it in section 1 of the CPA;
2.1.3. “CPA” means the Consumer Protection Act 68 of 2008, as amended,
together with its regulations;
2.1.4. “ECTA” means the Electronic Communications and Transactions Act 25 of 2002, as amended;
2.1.5. “Order” means a request submitted by a Purchaser through the Website
to purchase one or more Products, whether or not accepted by MGC;
2.1.6. “Order Price” means the total purchase price of the Products comprised in
an Order, as reflected at checkout, exclusive of delivery charges unless
stated otherwise;
2.1.7. “Privacy Policy” means the privacy policy of MGC, and which is available
on the Website;
2.1.8. “Products” means the handmade ceramic items (including plates, bowls,
platters, mugs and related items) offered for sale by MGC via the Website
from time to time;
2.1.9. “Purchaser / you / your” means the person who places an Order via the
Website;
2.1.10. “Terms” means these terms of sale, as amended by MGC from time to
time; and
2.1.11. “Website” means the MGC website located at https://mervyngers.com/,
including the Shopify checkout process operated on it.
2.2. In these Terms, unless clearly inconsistent with or otherwise indicated by the context:
2.2.1. words importing the singular include the plural and vice versa;
2.2.2. natural persons include created entities (corporate or unincorporated) and the state and vice versa;
2.2.3. clause headings are for convenience only;
2.2.4. words importing one gender include the other;
2.2.5. the words "include" and "including" mean "include without limitation"
and "including without limitation". Accordingly, the use of the words
"include" and "including" followed by a specific example or examples
shall not be construed as limiting the meaning of the general wording
preceding it;
2.2.6. any substantive provision, conferring rights or imposing obligations on a
party and appearing in any of the definitions in this clause 2 or elsewhere
in these Terms, shall be given effect to as if it were a substantive provision
in the body of the Terms;
2.2.7. words and expressions defined in any clause shall, unless the application
of any such word or expression is specifically limited to that clause, bear
the meaning assigned to such word or expression throughout these
Terms;
2.2.8. unless specifically otherwise provided, any number of days prescribed
shall be determined by excluding the first and including the last day or,
where the last day falls on a day that is not a Business Day, the next
succeeding Business Day;
2.2.9. if the due date for performance of any obligation in terms of these Terms is
a day which is not a Business Day then (unless otherwise stipulated) the
due date for performance of the relevant obligation shall be the
immediately succeeding Business Day;
2.2.10. the rule of construction that these Terms shall be interpreted against the
party responsible for the drafting of these Terms, shall not apply; and
2.2.11. the expiration, cancellation or termination of these Terms shall not affect
such provisions of these Terms which, out of necessity, must continue to
have effect after such expiration, cancellation or termination,
notwithstanding that the clauses themselves do not expressly provide for
this.
3. THE HANDMADE NATURE OF OUR PRODUCTS
3.1. At MGC, we believe that the beauty of handmade lies in its individuality. Every
Product is thoughtfully crafted in our Cape Town studio by skilled local artisans using
locally sourced materials, from developing our own clay body and signature glazes, to
transfer printing and the final kiln firing. Our Products are not mass-produced or
factory-made. Each item, which passes through approximately 22 pairs of skilled
hands, is individually shaped, glazed and kiln-fired, and develops its own unique
character in the process.
3.2. Because every Product is made by hand, subtle variations in shape, size, weight,
glaze, colour, texture and finish are a natural and expected part of the making
process, and no two Products will ever be exactly alike. These variations are a natural
and expected part of handmade ceramics and are the hallmark of authentic
craftsmanship.
3.3. We do our best to represent the Products as accurately as possible. Photographs and
descriptions on the Website illustrate the shape, glaze and overall appearance of
each Product or collection, but because every Product is handmade, the item you
receive may vary slightly (as aforementioned) from the photographs and descriptions
shown on the Website.
3.4. By placing an Order, you acknowledge and accept that, the natural variations in the
Products:
3.4.1. form part of the character and appeal of the Products;
3.4.2. do not, on their own, constitute a non-conformity or breach of these Terms
on the part of MGC;
3.4.3. do not, on their own, constitute a ground for return, refund or exchange
under clause 7 and/or clause 10 .
3.5. Unless otherwise stated on the relevant product page, our Products are food safe,
dishwasher safe, microwave safe and suitable for everyday domestic and hospitality
use. Although durable, ceramic Products may chip, crack or break if dropped,
subjected to impact, or exposed to sudden extreme temperature changes, and should
be handled with reasonable care.
4. ONLINE SALES
4.1. Submitting an Order via the Website constitutes an offer by you to purchase the
selected Products, subject to these Terms. No agreement is concluded until MGC
accepts the Order, which occurs on the date that MGC issues an order confirmation
(typically by e-mail) to the Purchaser (“Order Confirmation”), following receipt of
confirmation of payment of the Order Price and any additional fees associated with
delivery of the Products (if applicable) (a “Confirmed Order”).
4.2. MGC may, acting reasonably, decline or cancel an Order (whether before or after an
Order Confirmation has been sent) where a Product is unavailable or out of stock, or
where MGC has a reasonable suspicion of fraud or breach of these Terms. Where an
Order is declined or cancelled by MGC under this clause after payment has been
received, MGC will refund the Order Price and any additional fees associated with
delivery of the Products (if applicable) in full within 5 Business Days of such
cancellation.
4.3. By clicking to confirm and pay for an Order at checkout, you expressly acknowledge
and agree that:
4.3.1. you have read and accept these Terms in their entirety;
4.3.2. you are placing an order to purchase goods which will result in a binding
obligation to make payment of the full Order Price and any additional fees
associated with delivery of the Products (if applicable); and
4.3.3. your electronic acceptance in this manner is a valid and binding
acceptance of these Terms for all purposes, including under ECTA.
5. PRICING AND PAYMENT
5.1. All prices displayed on the Website are in South African Rand and, unless otherwise
indicated, are inclusive of value-added tax.
5.2. Payment of the full Order Price (plus any applicable delivery charge) is required to be
made at the time that the Order is placed.
5.3. All payments are processed through the Website's Shopify-hosted payment gateway
or an accredited third-party payment processor integrated with it. MGC does not itself
store your full payment card details.
6. DELIVERY
6.1. Where you have selected and paid for delivery, MGC will dispatch the Products
comprising a Confirmed Order within 2 Business Days of issuance of the Order
Confirmation.
6.2. Delivery timeframes communicated on the Website or at checkout are estimates only,
calculated from the date of dispatch, and are not guaranteed. MGC is not liable for
delays caused by the courier or delivery service provider, or by circumstances beyond
MGC's reasonable control.
7. RISK, DAMAGED GOODS ON ARRIVAL AND COLLECTION
7.1. Possession, risk in and benefit attaching to the Products comprising a Confirmed
Order shall pass to you upon collection or delivery (as the case may be) of the
Products. From that point, you bear the risk of loss of, or damage to, the Products.
7.2. You are required, upon collection or delivery (as the case may be) of the Products, to
promptly inspect such Products for damages or defects, it being recorded that where
you have elected to collect the Products from MGC, the Products will be inspected on
site.
7.3. Should any Product be damaged or defective at the time of collection or delivery (as
the case may be), you must notify MGC:
7.3.1. in the case of collection of the Products, immediately, and prior to
removing the goods from MGC’s premises; and
7.3.2. in the case of delivery of the Products, as soon as reasonably possible,
and preferably within 2 Business Days of delivery. In such circumstances,
you will be required to submit to MGC your order number together with
clear photographs depicting (i) the affected Product, (ii) the internal
packaging, and (iii) the outer shipping carton.
7.4. Where a Product is confirmed by MGC (following the process in clause 7.3 ) to have
been damaged prior to collection or in transit prior to delivery (as the case may be),
MGC will replace the Product at its cost. The damaged Product must nonetheless be
returned to MGC. The return of a damaged Product and the delivery of the
replacement product as contemplated under this clause 7.4 shall be arranged and
paid for by MGC.
8. RETURNS AND REFUNDS
Subject to any right that the Purchaser may have in law or otherwise in terms of these Terms to
request a refund or to return a Product, the Purchaser shall have no right, whether discretionary
or otherwise, to request a refund of, or to return, any Product purchased, including where the
Purchaser has simply changed their mind, over-ordered, or no longer wishes to keep the
Product.
9. STATUTORY COOLING-OFF RIGHT IN TERMS OF ECTA
9.1. Nothing in these Terms limits or excludes any statutory right of cancellation to which
you may be entitled under ECTA. This clause 9 explains when those rights apply.
9.2. Where you are a natural person and the Confirmed Order was concluded
electronically via the Website for wholly or predominantly personal, domestic or
household purposes, section 44 of ECTA entitles you to cancel the transaction,
without reason or penalty, within 7 days of receiving the Product(s), and return the
Product(s) to MGC.
9.3. In order to exercise the aforementioned right, you must notify MGC in writing within
the aforementioned 7-day period. MGC will refund all amounts paid within 30 days of
the date of cancellation, subject to MGC's right under ECTA to charge the direct cost
of returning the Products.
9.4. The right contemplated in this clause 9 shall not apply where you concluded the Order
otherwise than as a natural person acting for personal or household purposes.
10. QUALITY, DEFECTS AND THE CPA
10.1. Nothing in these Terms limits any right you have under section 55 or 56 of the CPA in
respect of Products that are unsuitable for their intended purpose, of poor quality, or
defective, including your right, within six months of delivery and subject to the
requirements of the CPA, to have such a Product repaired, replaced or refunded.
10.2. For the avoidance of doubt, and as set out in clause 3 , natural variation inherent to
handmade ceramics is not, of itself, a defect or failure to meet the requisite standard
for purposes of this clause 10 .
11. LIMITATION OF LIABILITY
11.1. Save to the extent that liability cannot lawfully be excluded or limited (including under
section 61 of the CPA in respect of harm caused by unsafe, defective or hazardous
Products, or by inadequate instructions or warnings), MGC's total liability to you
arising out of or in connection with an Order is limited to the Order Price paid for the
relevant Product(s), and MGC shall not be liable for any indirect, special or
consequential loss.
11.2. Nothing in these Terms excludes or limits liability for fraud, or for death or personal
injury caused by MGC's gross negligence.
12. INDEMNITY
You indemnify and hold MGC, its directors, employees and agents harmless against any claim,
loss, damage, cost (including legal costs on an attorney-and-own-client scale) or liability of
whatsoever nature arising out of or in connection with your breach of these Terms, your misuse
of the Website, or your provision of incorrect, incomplete or fraudulent information in connection
with an Order.
13. CHECKOUT ACKNOWLEDGEMENT
By placing an Order, and in particular by clicking to confirm payment at checkout, you
acknowledge and agree that:
13.1. every Product is individually handmade in Cape Town, and no two Products are
identical;
13.2. natural variation in shape, size, glaze, colour, texture and finish is an inherent and
expected characteristic of the Products;
13.3. photographs and descriptions on the Website are representative only of the general
shape, glaze family and finish of the relevant collection, while individual pieces will
vary in glaze movement, colour tone and surface texture, and screen display settings
may also affect perceived colour, and so the photographs and descriptions on the
Website may differ slightly from the Product you receive;
13.4. you have read, understood and accept these Terms in full, including the returns,
cooling-off and risk provisions set out in clauses 7 to 10 ; and
13.5. this acknowledgement, given electronically, is binding on you for all purposes,
including under ECTA.
14. GENERAL
14.1. These Terms, together with any Order confirmation, constitute the entire agreement
between you and MGC in respect of your Order, and supersedes all prior
negotiations, representations, undertakings and agreements relating thereto not
recorded in these Terms.
14.2. MGC may amend these Terms from time to time by publishing updated Terms on the
Website and the version of these Terms in force at the time you place an Order,
governs that Order.
14.3. If any provision of these Terms is found to be void, illegal or unenforceable, the
validity of the remaining provisions shall not be affected thereby, and such provision
shall be severed from these Terms.
14.4. These Terms shall be governed by, and construed in accordance with, the laws of the
Republic of South Africa and all disputes, actions and other matters relating thereto
shall be determined in accordance with such laws.
14.5. Payment processing on the Website is provided by Shopify and/or its integrated third-
party payment providers, whose own terms and privacy practices shall also apply to
your Order.
15. WE ARE HERE TO HELP
If you have any questions before placing an Order or need help selecting Products, please
contact us at info@mervyngers.com or telephonically at 021 510 2386. Furthermore, our
physical business address is located at 4A Dorsetshire Street, Paarden Eiland, Cape Town,
7405.