CLAUSE 01
Acceptance of these terms
By sending an enquiry, accepting a quotation or paying an invoice you accept these terms. If you are ordering for a business, you confirm you have authority to bind it. If you do not accept a clause, say so in writing before you order; we can sometimes agree a variation, but only in writing signed by us. Any terms you send us are rejected unless we expressly accept them.
CLAUSE 02
This site is an enquiry showcase
This site displays ware and takes enquiries. There is no checkout, no shopping cart payment, no online card processing and no automated order confirmation. Nothing on these pages is a binding offer by us; it is an invitation to enquire. We do not store card details because we never ask for them. Every sale is concluded by correspondence and a formal invoice.
CLAUSE 03
Quotations and when a contract is formed
A quotation is valid for 14 days and states the pieces, quantities, glaze, unit price, freight basis and estimated lead time. A contract is formed only when we issue a written order confirmation or an invoice that you accept, whichever comes first. Until then either side may walk away. Prices quoted before a kiln run may change if clay, glaze or freight costs move; we tell you before invoicing, and you may cancel at no cost.
CLAUSE 04
Prices and currency
All prices are in United States dollars (USD) unless the quotation says otherwise. Prices are ex-works Hong Kong unless we agree DDP or another Incoterm in writing. Prices exclude import duty, value-added tax, customs clearance fees, and any local handling charges, which are the buyer's responsibility. Bank charges on your side of the transfer are yours; ours are ours. The price on the invoice prevails over any figure shown on this website.
CLAUSE 05
Payment
Payment is by bank transfer against a proforma or commercial invoice from PENGSHI TRADE LIMITED. We do not accept card payments through this site and we will never ask for card details by email or WhatsApp. Goods ship once funds have cleared unless we have agreed credit terms in writing. For wholesale orders we may ask for a deposit; the balance is due before dispatch. We do not store your bank details after the payment is reconciled.
CLAUSE 06
Lead time and shipping
Stock on hand is prepared in about 3 working days from cleared payment. A bespoke kiln run is normally 4 to 6 weeks before packing. Transit times quoted by couriers are estimates, not guarantees, and we are not responsible for a delay inside the carrier's network, at customs, or in a strike or weather event. We ship from Hong Kong and give you the tracking reference as soon as the parcel leaves. Title documents and packing list travel with the shipment.
CLAUSE 07
Risk and title
Risk in the goods passes to you when they are handed to the carrier, unless we have agreed DDP in writing, in which case risk passes on delivery to your stated address. Title passes only when we have received payment in full in cleared funds. Until title passes you hold the goods as our bailee and must keep them identifiable and insured. Our transit cover and breakage policy in clause 8 apply whatever the risk position, so a damaged parcel is still our problem to solve.
CLAUSE 08
Breakage in transit
Stoneware is heavy and brittle, so we pack in foam cradles inside a double-wall carton. If a parcel arrives visibly damaged, photograph the carton before you unpack it fully, keep all packaging, and report it to us within 24 hours of delivery. We replace broken pieces and cover the freight on the replacement. We do not ask you to return broken ware. A claim made after the packaging has been discarded, or after the 24-hour window, may be limited by what the carrier will accept.
CLAUSE 09
Your duty to inspect on delivery
Please open the parcel within 2 days of delivery and check the pieces against the packing list. If the outer carton is crushed, torn or wet, note that on the carrier's delivery document before you sign, and photograph it. Signing a clean delivery receipt and only then discovering breakage makes a freight claim much harder. Shortages or wrong pieces must be reported within 7 days; after that we may treat the delivery as accepted as listed.
CLAUSE 10
Batch variation is disclosed
Our ware is fired in kiln batches at cone 6, about 1220 °C, with reactive and celadon glazes. Pieces from one batch vary in colour break, speckle density and pinhole pattern, and hand-thrown dimensions carry a tolerance of roughly ±3 mm on a plate, ±5 mm on a 36 cm platter and about 5% on capacity. Website photographs are indicative of the batch, not a specification of the individual piece you will receive. Variation of this kind is not a defect and is not grounds for a return.
CLAUSE 11
Import duty and customs clearance
Unless we agree DDP in writing, you are the importer of record and are responsible for import duty, VAT or GST, customs clearance charges and any local handling fees. We declare the value honestly on the commercial invoice; we will not under-declare for any buyer. If a parcel is delayed or refused because duty was not paid, we may re-consign it at your cost or refund the ware less the outbound freight and any charges billed to us.
CLAUSE 12
Returns and refunds
The 14-day window, the fault criteria, the 12-month cover against crazing-through and the refund timetable are set out in the returns policy, which forms part of these terms. In short: write first, get a return number, ship tracked to our registered office, and expect a refund within 10 working days of inspection. Faulty or transit-damaged ware is replaced or refunded with freight covered by us.
CLAUSE 13
Use, care and safety limits
Our stoneware is dishwasher safe and microwave safe unless a product page says otherwise, and oven safe to 220 °C. It is not for a direct flame, a hob, a grill, a microwave grill element or a freezer-to-hot-oven shock, which can crack a piece through thermal shock. Let a cold dish come to room temperature before it goes into a hot oven, and use a dry cloth under a platter on a cold stone counter. Misuse is not a warranty fault.
CLAUSE 14
Intellectual property
The Kilnvale name, the site text, the studio photographs, the shape designs and the glaze recipes are owned by us or licensed to us. You may use our images and copy to resell ware you have bought from us, with attribution. You may not copy the site, register a confusingly similar name or mark, or reproduce our photographs as your own catalogue without written permission. Reselling does not transfer any right in the brand.
CLAUSE 15
Acceptable use of this site
Do not scrape the site at a rate that degrades it, attempt to gain unauthorised access, upload malicious code, or use the enquiry channel to send spam, unlawful content or false orders. We may block an address or refuse an order where there is evidence of fraud, abuse or a chargeback history. We may also correct obvious pricing or listing errors before a contract is formed, and you may cancel without cost if we do.
CLAUSE 16
Third-party links and services
This site links to WhatsApp and to our email provider, and it may link to carriers or trade bodies. Those services are operated by other companies under their own terms and privacy policies, and we do not control them. A link is not an endorsement and we are not responsible for content, availability or data practice on a third-party site. If a linked service fails, our obligations under these terms are unaffected.
CLAUSE 17
Disclaimer and liability
We describe each piece honestly and state the tested limits, but we cannot guarantee that a glaze will match a photograph on your screen or that a shape suits your specific use. To the extent the law allows, our total liability for any order is limited to the price paid for the goods concerned, and we exclude indirect or consequential loss, lost profit and loss of goodwill. Nothing here limits liability that Hong Kong law does not allow us to exclude, including for death or personal injury caused by our negligence.
CLAUSE 18
Force majeure
We are not in breach if a delay or failure is caused by something outside our reasonable control: typhoon, flood, fire, kiln failure, power loss, epidemic, strike, war, sanctions, a port closure or a customs hold. We will tell you promptly, keep you informed, and either extend the lead time or refund any payment for goods not yet made. If the event lasts more than 90 days, either side may cancel the affected order without further liability.
CLAUSE 19
Governing law and jurisdiction
These terms and any dispute arising out of them are governed by the laws of the Hong Kong Special Administrative Region. The courts of the Hong Kong Special Administrative Region have exclusive jurisdiction, and both sides submit to it. Before starting proceedings, please write to us — most disputes are a misunderstanding about a batch or a courier, and we would rather fix it than litigate it. This clause does not remove any consumer right you have in your own country of residence.
CLAUSE 20
Changes, severability and contact
We may update these terms for future orders; the version in force is the one published on the day your contract is formed, and the date at the foot of this page identifies it. If a clause is held unenforceable, the rest stands. The contract is between you and PENGSHI TRADE LIMITED, ROOM 2M11, 10/F, WAH WAN INDUSTRIAL BUILDING, TUEN MUN, HONG KONG. Notices go to PENGSHI1939@outlook.com and are treated as received on the next working day.