GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT for VAL POTTERY with its registered office in Groenstraat 17 (9790) in Wortegem-Petegem.
1. These general terms and conditions apply to all of our offers, order confirmations and to all of the agreements to which we are a party, regardless of their name. These terms and conditions also apply in particular to agreements to which we are a party which relate to the delivery of products to our buyers.
2. Where a reference is made in these general terms and conditions to “buyer”, this must also be understood to mean every natural person or legal entity involved in a contractual relationship with us, pursuant to a purchase agreement concluded with us, or any other type of agreement, as well as every natural person or legal entity wishing to enter into a purchase or other type of agreement with us. “Buyer” is also primarily understood to mean that party on whose instructions and for whose account products are delivered.
3. Departure from the provisions of these general terms and conditions is only possible if and insofar as this has explicitly been agreed upon in writing.
4. If the buyer also refers to (its own) general terms and conditions, the terms and conditions of the buyer do not apply. This shall not be the case only if and to the extent the applicability of the buyer’s terms and conditions are explicitly accepted by us in writing, and to the extent the buyer’s terms and conditions are not in violation with the provisions of our general terms and conditions.
5. Where references are made in these general terms and conditions to “delivery (of products)”, this must also be taken to mean the performance of services and work, regardless of their nature.
6. In the case of orders for goods which are made by special order, printed or which must otherwise be produced to include a mark, name, decoration or other feature, the buyer is required to accept any deliveries in excess of or less than the quantity ordered up to a maximum of 50% of the quantity ordered.
1. All offers and prices are free from obligation, unless explicitly indicated otherwise in the offer. The agreement between ourselves and the buyer shall be created when we have provided the buyer with written confirmation of the order received. Verbal promises by and agreements made with us (or our employees) shall not be binding for us until and to the extent that we have provided the buyer with written confirmation.
2. The following form part of our offers, which specifically also include that provided for in the previous paragraph: designs, drawings, models, samples, descriptions, images, size indications and the like, as well as any appendices and documents that relate to our offers. All of these items shall remain our property, as well as any tools produced in connection with the above, must be returned to us upon request, and may not be copied and/or delivered to third parties without our explicit written permission. The provisions of Article 10 apply to the intellectual property rights.
3. In the event the order to which the offer relates is not placed within three months of the date on which we have provided the offer, we are entitled to invoice the buyer for the costs associated with making the offer, which will also include the costs of making the tools referred to in the previous paragraph.
4. When it comes to the information, sizes, weights, colours, colour authenticity and similar that we provide in our offers, images, drawings and price lists, the buyer must take into account the normal margins, minor discrepancies and modifications in, for example constructions or spare parts, necessary to the proper execution. Our handmade products can also differ slightly in terms of shape and color from the webshop photo. This is not a manufacturing mistake but an inherent feature of craft.The products we deliver may therefore deviate from the description in the price list or order confirmation if and to the extent this deviation involves minor differences and modifications.
5. Offers are valid while stocks last. An agreement will be reached when an email is sent to the customer's e-mail address confirming his order.
The customer and VAL POTTERY explicitly agree that a valid agreement can be established by using electronic forms of communication. In particular, the absence of an ordinary signature does not affect the binding force of the agreement. To the extent permitted by law, VAL POTTERY's electronic files are valid as a presumption of evidence.
VAL POTTERY webshop reserves the right to refuse orders in the following cases:
- in case of non-availability of a product,
- in the event of serious suspicion of misuse of the law or the wrong allegiance of the customer,
- in case of circumstances beyond one’s control
DELIVERY AND DELIVERY TIMES
VAL POTTERY webshop strives to ship orders that are placed and paid within three business days.
Orders paid by bank transfer will be shipped within the three business days following the day that the amount due is on the bill of VAL POTTERY.
These delivery times are for indication and therefore no rights can be derived from this.
If a product is out of stock, the customer is informed by e-mail about a later delivery date. If the customer does not agree with the delay, the ordered product can be canceled or the customer can order an alternative product. The canceled product will be refunded or, if an alternative product is ordered, the excess / insufficient amount will be refunded / additional billed.
If in case of delivery, the delivery date is exceeded by 15 working days. The customer is obliged to inform us by e-mail. In that case, the customer can cancel his order and return VAL POTTERY within 10 working days after receiving the non-delivery information, the amount paid back to the customer's VAL POTTERY webshop account.
If, in case of delivery problems with the supplier, the delivery date is exceeded by 15 working days, VAL POTTERY webshop informs the customer by e-mail. In that case, the customer can cancel his order and return VAL POTTERY within 10 working days after the customer's response, the amount paid back to the customer's receipt of VAL POTTERY webshop.
Delivery takes place at the address specified by the customer at the order. VAL POTTERY can not be held responsible for any mistakes that the customer has made when entering the delivery and / or billing address and which may give rise to delays in delivery or the impossibility of delivering the ordered products.
As soon as the products to be delivered are delivered to the specified shipping address, the risk for the delivered products is left to the customer.
A customer can exchange a product within 14 business days from the day following delivery of a product.
In this case, we ask you to notify us immediately after delivery and return the products within 14 calendar days from the day following delivery. We ask you to indicate in the e-mail what product you wish to exchange. Exchange can only be done if the product is not used and the packaging is undamaged and is handed over. If you wish to trade the product against a product of another value, the balance will be refunded / extra invoiced as appropriate. The shipping costs and the risk of returning a product for exchange are at the expense of the customer. Upon switching, VAL POTTERY webshop accepts the shipping cost of the product to be re-dispatched once.
In case of exchange, return the products to the following address:
A customer may, within 14 days from the day following the delivery of a product, refuse to purchase a product without a statement or a fine.
In this case, we ask you to notify us immediately after delivery and return the products within 14 calendar days from the day following delivery. This can only be done if the product is not damaged, has not been used and the packaging is intact and handed in. The shipping costs and the risk of returning a product are at the expense of the customer. Upon cancellation, VAL POTTERY webshop will refund the purchase price to the customer within 14 calendar days of receipt of the returned products.
In case of shipment, you must return the products to the following address:
1. All of our prices are quoted VAT included.
2. Our prices are based on the cost factors applicable at the time of the creation of the agreement, such as currency costs, manufacturers' prices, raw material and equipment prices, labour and transport costs, taxes, import duties and other government-imposed levies.
3. In the event increases in one or more of the cost factors occur after the date of the creation of the agreement yet prior to the date of delivery, we reserve the right to invoice the buyer for these increases. In the event of a price increase within three months of the conclusion of the agreement, the buyer is authorised to declare all or part of the agreement null and void.
Online payments are made via MOLLIE. Online payment can be via a credit card, via Bancontact / Mister Cash, via Belfius Direct Net, via KBC, via Bpost, via VISA, via PayPal, via iDEAL, bank transfer. An order will be processed as soon as we accept the secure bank payment and MOLLIE setting.
When paying by credit card, the terms of the card issuer in question apply. VAL POTTERY can not be party between the customer and the card issuer.
In case of payment by bank transfer, the account number and the amount to be paid will be communicated in the confirmation email order. The order will be sent as soon as the amount due has been transferred to the account of VAL POTTERY.
For payments by bank transfer from outside Belgium it is required to use the IBAN and BIC code when paying.
Account Number BNP Paribas IBAN: BE28 0018 0501 6820
In case of late payment by the customer or in case of payment of prior orders, VAL POTTERY is authorized to terminate an agreement.
RETENTION OF TITLE
1. The buyer shall only become the owner of the products we have or will deliver under a suspensive condition. We shall remain the owner of these products until the buyer pays our claims for the contractual consideration of the agreement or similar agreement. We will also remain the owner of the products delivered or not yet delivered as long as the buyer continues to fail to pay for the work carried out or to be carried out based on these types of agreements, and as long as the buyer fails to pay the claims arising from shortcomings in the fulfilment of such agreements, including claims related to fines, interest and costs.
2. Until the buyer has paid the aforementioned claims, it is not entitled to establish a right of pledge on the products we have delivered, and undertakes, with respect to third parties interested in establishing a similar right, to notify these parties upon first request from us that it is not authorised to establish a right of pledge.
3. In the event the buyer fails to satisfy any obligation it has to us which arises from the agreement with respect to goods sold or work to be carried out, we are entitled to take back the original as well as any newly created goods without being required to provide notice of default. The buyer authorises us to enter the location where these goods are being kept.
4. At the time the buyer has satisfied all of its payment obligations to us arising from this and similar agreements, we will transfer ownership of the goods delivered, yet reserve the right of pledge with regard to any other claims we may have on the buyer. The buyer will grant its cooperation in any actions required in this regard upon first request from us.
5. In the event the buyer remains in default, and fails to execute payment within the term set out under Article 5, paragraph 1 of 14 days after the date of invoice, we are entitled to terminate the agreement by means of a written termination statement addressed to the buyer. In this case, the obligation shall lie with the buyer to either return the goods we have delivered, or nullify the service we have performed in another manner.
1. We must be notified in writing regarding any claims from the buyer involving goods delivered in error or defects in products which are visible from the exterior within 15 days of delivery.
2. The buyer carries the risk of breach, in the sense that as soon as the goods to be delivered at the place of destination are transported from the means of transport or delivered to the buyer in our warehouse, the risk associated with these products goes on the buyer.
CIRCUMSTANCES BEYOND ONE’S CONTROL
1. Force majeure is taken to mean every circumstance beyond our control which is such in nature that the fulfillment of the agreement may not reasonably be expected of us. (Known as a non-attributable failure.) Force majeure is also defined as: lack of raw materials, company or transport disruptions of any nature, epidemics, a state of siege, warfare, impediments caused by measures taken, laws or decrees issued by international, national or regional (government) bodies.
2. If, as a result of a force majeure event, we are unable to fulfill the agreement on time, in part or in full, we are entitled to fulfill the agreement at a later time, or to consider the agreement as terminated, at our discretion. In the event of force majeure, the buyer may not claim compensation for damages from us.
All of the intellectual or industrial property rights to all of the products/services, designs, drawings, models, samples, descriptions, images, size indications, tools, analyses, documentation, and reports delivered pursuant to the assignment or agreement shall lie exclusively with us. The buyer cannot make any claims to these whatsoever. The buyer is only permitted to sell the products purchased from us in an unmodified form. The buyer is explicitly prohibited from modifying, reproducing or copying the products purchased in any way. The buyer is also prohibited from using any drawings, images, paintings, etc. applied to the products in any way other than in accordance with our explicit written permission.
The buyer will always provide the supplier with all of the information and explanations useful and necessary to the proper fulfilment of the agreement, in a timely manner and provide any cooperation necessary. In the event the information required is not made available to us at the time of the execution of the assignment or agreement, or this is not made available in a timely manner or in accordance with the agreements made, or if the buyer fails to satisfy its obligations in any other way, we shall always be entitled to suspend the execution of the assignment or agreement, and to invoice any of the costs that have been incurred as a result, in accordance with our normal rates.
1. Amendments or supplements to the order confirmation, agreement, or these General Terms and Conditions shall only be valid to the extent these have been agreed upon in writing.
2. The use of goods supplied by us shall be entirely at the expense and risk of the buyer.
3. Any notifications between the parties on the basis of this agreement must be made in writing. Any verbal notifications, commitments or agreements shall not bind the parties unless these are confirmed in writing.
4. We are entitled to transfer to third parties all of the rights and obligations under the order confirmation or agreement to which these General Terms and Conditions apply.
All of our offers and agreements entered into by us are governed exclusively by Belgian law.
SETTLEMENT OF DISPUTES
Every dispute regarding the formation, explanation or performance of the order or agreement to which these General Terms and Conditions apply, and any other orders/agreements ensuing from this one, as well as any other dispute regarding or related to these General Terms and Conditions, be it legal or factual, without any exceptions, shall be adjudicated by the District Court of Oudenaarde, unless we provide notification in writing expressing our wish to present the dispute to a different court for adjudication, or would like to allow the dispute to be settled in arbitration.
Tel: +32 474 23 74 24
IBAN: BE28 0018 0501 6820