Algemene voorwaarden (EN)

Terms and Conditions

GENERAL SALES, DELIVERY AND PAYMENT TERMS AND CONDITIONS of VAL CERAMICS BV, with its registered office at Stormestraat 142, (8790) in Waregem.

ARTICLE 1 – APPLICABILITY

1. These general terms and conditions apply to all our offers, order confirmations and to all agreements made with us, however named. These terms and conditions therefore apply to agreements made by us for the delivery of products to our buyers.

2. Where reference is made in these general terms and conditions to “buyer” this must be understood to mean any natural or legal person who has a contractual relationship with us, pursuant to a purchase agreement concluded with us or another type of agreement, as well as any natural or legal person who wishes to enter into a purchase or other agreement with us. In particular, ‘buyer’ also includes the person on whose behalf and for whose account products are delivered.

3. It is only possible to deviate from the provisions of these general terms and conditions if expressly agreed in writing.

4. If the buyer also refers to (his) general terms and conditions, the buyer’s terms and conditions do not apply. This is only different if and insofar as the applicability of the buyer’s conditions has been expressly accepted by us in writing and insofar as the buyer’s conditions do not conflict with the provisions of our general terms and conditions.

5. Where these general terms and conditions refer to delivery (of products), this also includes the provision of services and activities of whatever nature.

6. For orders for goods, which were specially prepared, stamped or provided with a registration number, name or decor, the buyer is obliged to accept 100% of the ordered quantity.

ARTICLE 2 - OFFERS AND CONCLUSION OF AGREEMENTS

1. All offers, and prices are without obligation, unless explicitly stated otherwise in the offer. The agreement between us and the buyer is concluded when we have confirmed the order to the buyer in writing. Oral promises (or from our subordinates) do not bind us until they have been confirmed by VAL POTTERY in writing to the buyer.

2. Quotations submitted by us – regarding the provisions of the previous paragraph: designs, drawings, models, samples, descriptions, images, measurements, etc., as well as any appendices and documents relating to our quotations. All this, as well as tools made by us

for this purpose, remains our property and must be returned to us at our request and may not be copied and/or given to third parties without our express written consent. The provisions of Article 10 apply regarding intellectual property rights.

3. If the order to which our quotation relates has not been placed with us within 3 months after the day on which we made our quotation, we may charge the costs associated with making our quotation, including the costs of the tools referred to in the previous paragraph, to the buyer.

4. The buyer must consider regarding the data provided by us, measurements and weights, colour, colour density and the usual clearances, minor deviations and changes in, for example, constructions or parts, in our quotations, images, drawings and price lists. Our handmade products can also differ slightly in shape and colour from the product in the photo on the webshop and from each other. This is not a manufacturing defect but an inherent characteristic of handicraft. The products supplied by us may therefore deviate from the description in the price list or order confirmation, if and insofar as it concerns minor differences and minor changes.

5. Offers are valid while stocks last. An agreement is concluded when an e-mail is sent to the e-mail address provided by the customer to confirm his order.

The customer and VAL POTTERY expressly agree that a valid agreement can be concluded by using electronic means 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 serve as a presumption of evidence. VAL POTTERY webshop reserves the right to refuse orders in the following cases: if a product is not in stock, in case of serious suspicion of abuse of rights or bad faith on the part of the customer, in case of force majeure.

ARTICLE 3 – ORDER

To purchase a product online, the product must be added to the shopping cart, after which the Buyer’s contact and billing information must be entered. After this, the Buyer can choose the method of delivery. In the last step, the Buyer will arrive at an overview page, where the

General Terms and Conditions are accepted, and the payment is confirmed by pressing the order button with the caption “order with payment obligation”. When these steps have been completed, the purchase is final.

ARTICLE 4 - DELIVERY AND DELIVERY TIMES

VAL POTTERY webshop aims to send orders that are placed, paid and are in stock within two working days.

Orders paid by bank transfer are shipped within three working days following the day the amount due is credited to VAL POTTERY’s account.

These delivery times are indicative and therefore no rights can be derived from them. VAL POTTERY has no impact on the speed of the shipping company and depends on it. If a product is not in stock, this will be indicated in advance on the webshop (out of stock) and it will not be possible to order it. At least this is the intention but not an obligation for Val Pottery. If the customer would like to be kept informed about possible restock, the customer can register for this. The customer will be informed by e-mail when the item is back in stock.

If, in case of delivery problems at the supplier, the delivery date is exceeded by 15 working days, VAL POTTERY webshop will inform the customer by e-mail. In that case, the customer can cancel his order and VAL POTTERY will refund the paid amount within 10 working days after the customer’s response to the account that VAL POTTERY webshop has received from the customer. VAL POTTERY can propose a similar product to the customer without obligation.

Deliveries are made to the address specified by the customer when placing the order. VAL POTTERY cannot be held responsible in any way for errors made by the customer when

entering the delivery and/or billing address and which may lead to delays in delivery or the impossibility of delivering the ordered products.

As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding the delivered products is transferred to the customer. The customer has half an hour (after delivery) to check the product.

ARTICLE 5 – RETURNS

A customer can exchange a product within 14 working days from the day following the delivery of a product. In this case, we ask you to notify us immediately (within 3 days after delivery by e-mail and to return the products within 14 calendar days from the day following the delivery). We ask you to indicate in the e-mail against which product you wish to exchange your purchase. Exchange is only possible if the product has not been used and the packaging is undamaged and is included. If you wish to exchange the product for a product of a different value, the balance will be refunded / invoiced depending on the case. The shipping costs and the risk of returning a product for exchange are borne by the customer. In the event of an exchange,VAL POTTERY webshop will pay the shipping costs of the product to be re- sent once.

In the event of an exchange, you must return the products to the following address:

VAL POTTERY
Valérie Maenhout
Stormestraat 142
8790 Waregem
Belgium

ARTIKEL 6 – PRICES

1. All prices quoted by us for private individuals include VAT. On the B2B webshop (for professionals), the prices are indicated excluding VAT. Payment will then be made including VAT at the end of the purchase.

2. Our prices are based on the cost factors applicable at the time of the conclusion of the agreement, such as exchange rates, manufacturer prices, raw material and material prices, wage and transport costs, taxes, import duties and other government levies.

3. We reserve the right to charge the purchaser if increases in one or more of the cost factors occur after the date on which the agreement was concluded, but before the day of delivery.

ARTICLE 7 – PAYMENT

Online payments are made through MOLLIE. You can pay online with 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 receive approval from the secure bank payment institution and MOLLIE.

When paying by credit card, the terms and conditions of the relevant card issuer apply. VAL POTTERY cannot be held as a party between the customer and the card issuer.

When paying by bank transfer, the account number and the amount to be paid will be communicated in the order confirmation email. 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 mandatory to use the IBAN and BIC code with the payment.

Payment details:
VAL POTTERY
Valerie Maenhout
Stormestraat 142
8790 Waregem
Account number BNP Paribas IBAN: BE28 0018 0501 6820
BIC: GEBABEBB

In the event of late payment by the customer or in the event of problems with payments for previous orders, VAL POTTERY is authorized to dissolve an agreement.

ARTICLE 8 – VOID

A customer can, within 14 days from the day following the delivery of a product, renounce the purchase of a product without stating a motive or without paying a fine.

In this case, we ask you to inform us immediately (half an hour) after delivery by e-mail and to return the products within 14 calendar days from the day following the delivery. This is only possible if the product is not damaged, has not been used and the packaging is intact and is included. The shipping costs and the risk of returning a product are borne by the

customer. In the event of cancellation, VAL POTTERY webshop will refund the purchase price to the customer within 14 calendar days after receipt of the returned products.

In case of cancellation, you must return the products to the following address:
VAL POTTERY
Valerie Maenhout
Stormestraat 142
8790 Waregem
Belgium

ARTICLE 9 - RETENTION OF TITLE

1. The buyer only becomes the owner of the products delivered or to be delivered by us under a suspensive condition. We remain the owner of these products if the buyer has not paid our claims in respect of the consideration of the agreement or a similar agreement. We also remain the owner of the delivered and yet to be delivered products if the buyer has not paid for the work performed or still to be performed under such agreements and if the buyer has not paid claims due to failure to comply with such agreements, including claims in respect of fines, interest and costs.

2. As long as he has not paid the above claims, the buyer is not entitled to establish a right of pledge on the products supplied by us and undertakes to declare to third parties who wish to establish such a right on our first request that he does not establishing a right of pledge.

3. In the event that the buyer does not fulfil any obligation towards us under the agreement regarding goods sold or work to be performed, he is entitled to take back the goods, both the original and the newly formed goods, without notice of default. The buyer authorizes us to enter the place where these items are located.

4. As soon as the buyer has fulfilled all his payment obligations under this and similar agreements, we grant the buyer the title to the delivered goods subject to a pledge from us for the benefit of other claims that we have against the buyer. At our first request, the buyer will cooperate with actions that are required in that regard.

5. If the buyer fails to pay within the period of 14 days after the invoice date referred to in article 5 paragraph 1, we are entitled to dissolve the agreement by means of a written cancellation statement addressed to the buyer. The buyer then has the obligation to return the goods delivered by us, or the obligation to undo the performance performed by us in some other way.

ARTICLE 10 - CONFORMITY AND WARRANTY

VAL POTTERY guarantees that the products are conform the order and meet the normal expectations that the Buyer may have considering the specifications of the product. Val Pottery also guarantees that its goods comply with all laws existing at the time of the order. As mentioned before, the products may differ from the products in the photo on the webshop. This is purely because each piece is unique and made by hand.

ARTICLE 11 - FORCE MAJEURE

1. Force majeure is understood to mean any circumstance beyond our control that is of such a nature that compliance with the agreement cannot reasonably be expected of us. (So- called non-attributable shortcoming.) Force majeure also includes: lack of raw materials, business or transport disruptions of any kind, epidemics, martial law, war, obstacles caused by measures, laws or decisions of international, national or regional (government) authorities.

2. If, due to force majeure, we are unable to fulfil the agreement in time, in full or in part, we have the right to perform the agreement later, or to consider the agreement as dissolved, at our discretion. In case of force majeure, the buyer cannot claim compensation from us.

ARTICLE 12 - INTELLECTUAL PROPERTY

All intellectual and industrial property rights to all products/services, designs, drawings, models, samples, descriptions, images, measurements, tools, analyses, documentation, reports, delivered under the order or agreement, rest exclusively with us. The buyer cannot make any claims here in any way. The buyer is only allowed to sell the products purchased from us in unmodified form. The buyer is expressly not permitted to change, reproduce or copy the purchased products in any way. Nor is the buyer permitted to use any drawings, images, paintings, etc. depicted on the products in any way, other than in accordance with our express written permission.

ARTICLE 13 – COMPLAINTS

1. Complaints from the buyer relating to an erroneous delivery or to defects in products that are externally visible must be notified to us in writing by the buyer within 15 days of delivery.

2. The buyer bears the risk of breakage, in the sense that as soon as the products to be delivered have been unloaded from the means of transport at the destination or have been handed over to the buyer in our warehouse, the risk regarding these products passes to the buyer.

ARTICLE 14 - OBLIGATIONS BUYER

The buyer will always provide the supplier in a timely manner with all data or information that is useful and necessary for the proper execution of the agreement and will cooperate fully in this regard. If data necessary for the execution of the order or agreement are not available to us, not in time or not in accordance with the agreements, or if the buyer does not fulfil its obligations in any other way, we in any case have the right to suspend the execution of the order. the order or agreement and we have the right to charge the costs incurred as a result in accordance with our usual rates.

ARTICLE 15 - APPLICABLE LAW

Only Belgian law applies to the offers made by us and to all agreements entered by us.

ARTICLE 16 - DISPUTE RESOLUTION

Any dispute regarding the conclusion, interpretation or performance of the assignment or agreement to which these General Terms and Conditions apply and of the assignments / agreements that may arise therefrom, as well as any other dispute with regard to or in connection with these General Terms and Conditions, either legal or factual, no exceptions, will be settled by the competent court in Kortrijk, unless we indicate in writing that we wish to submit the dispute to another court or have the matter settled in arbitration.

ARTICLE 17 - OTHER PROVISIONS

1. Changes or additions to the order confirmation, agreement or these General Terms and Conditions are only valid insofar as they have been agreed in writing.

2. Use of goods delivered by us is at the expense and risk of the buyer.

3. Notices that the parties will make to each other under this Agreement will be in writing. Oral announcements, promises or agreements are not binding on the parties, unless they have been confirmed in writing.

4. We are entitled to transfer all rights and obligations arising from the order confirmation or agreement to which these General Terms and Conditions apply to third parties.

ARTICLE 18 - SALES AND PROMOTIONS

During the sales and periods in which a promotion is running, the price that appears on the checkout page applies. All discounts are valid on the indicated products, during the indicated period and while stocks last.

ARTICLE 19 - PRIVACY POLICY

1. To ensure that we can deliver your order to you, we need your information. We naturally handle this personal data with care.

2. Val Pottery (“valpottery.be”), located at Stormestraat 142, 8790 Waregem (Belgium), is responsible for the processing of data as described in this privacy policy.

3. This privacy policy applies to all personal data processed by valpottery.be of anyone who has (had) contact with valpottery.be. This includes visitors, customers, business contacts, etc.

4. Personal data includes all data that can be traced back to you as an individual (your name, telephone number, address, e-mail address, IP address, valpottery.be customer number…). But also, data that is unique to you, such as your valpottery.be order history or surfing behaviour.

5. valpottery.be processes the personal data of anyone who has (had) direct or indirect contact with valpottery.be, such as (business) customers and contact persons of partners. We receive this personal data directly from you when you visit the website www.valpottery.be, create an account and fill in certain details or when you contact customer service. In some cases, we receive your information from others. For example, when someone sends a gift directly to you, we receive your name and address details. We may

also receive information from other parties, but only if you have given those parties permission to provide us with certain information.

6. We process the following data from you: data for processing your order, data in your account, data about your contact with customer service.

7. If you order something, we need certain information from you in order to be able to deliver your order and to keep you informed about your order. We also need data for any return orders or repairs.

8. To process your order, we collect the following information: your name, e-mail address, delivery address(es), payment details and telephone number. This data is necessary to perform the agreement that you have concluded with us (or with one of our sales partners). By law, we must keep the data related to your order for 7 years. If you have not logged in with us for 7 years, we will delete all your data. In addition, you can submit a request at any time to have your data removed from your account.

9. In your personal account we store the following information provided by you: your name, (delivery and residential/establishment) address(es), telephone number, e-mail address, date of birth (if you have specified this), VAT number (if specified), payment details, gift cards, your order history (including delivery options chosen). In addition, the interests you have entered are also stored, such as your wish list and your e-mail preferences.

10. Information about your contact with customer service can be collected through various channels: telephone, e-mail, or messages via social media (Instagram, Facebook). We can help you faster next time by keeping this information. We will do this if you are an active customer with us.

11. In order to optimally help you find what you are looking for, when you visit valpottery.be we collect your IP address, information about your internet browser, language settings and information about the settings of the operating system of the PC or mobile device. with which you visit our website.

12. With a view to optimizing our website, we also collect your search, click and purchase behaviour at valpottery.be. We use this data to map generic customer patterns.

13. With a view to improving our services, and to align them even better with what customers want, we may use your data to invite you for a no-obligation customer or market survey. Participation in such a survey is completely voluntary. How long your data linked to the results of customer or market research is kept varies per research. As soon as the investigation has been definitively completed, we will delete all data that can be traced back to you.

14. If you participate in a (win) promotion, we will ask you for information. We need this information to carry out the promotion and to announce the winners. We collect this information with your permission. In the conditions of the relevant (win-) promotion you can find exactly what your data is used for and how long we keep it.

15. To investigate, prevent and combat unauthorized access and fraud, we use personal data (including IP addresses and search, surfing and purchasing behaviour).

16. Via the “share” buttons on valpottery.be you can share articles that you find nice, useful or useful with your friends on your social media account. valpottery.be will not be able to access your social media account. We recommend that you carefully read the privacy policy of the social media parties where you have an account so that you know how your data is used and how you can adjust your settings.

17. The personal data you provide will be shared with: logistics partners, other external service providers, the government and, only at your request, with other companies.

18.We work together with logistics partners such as BPost, DPD, GLS, Dachser, … This partner will receive your name and delivery address from us. They need this information to deliver your package to the address of your choice.

19. We may also use other third-party service providers to assist with a variety of matters (support with the provision of digital services, with customer service, with advertising and marketing campaigns, with customer research, providing financial services, such as payment services, collection agencies and credit reference agencies). In some cases, they need personal data for this. We only share that data that is necessary for the assignment that the external service provider carries out for us. We do not sell your data to these external service providers or other third parties. In addition, we conclude agreements with each external service provider in which it is agreed what they may do with the personal data obtained.

20. We may have to pass on personal data to the government. For example, certain government institutions may need the data for the performance of their duties (such as the tax authorities). In the event of fraud or abuse, the police or judicial authorities may need certain information. In addition, certain supervisors may also have access to personal data in the context of an investigation.

21. Your data is stored by us within the European Economic Area (“EEA”).

22. valpottery.be takes many measures, both organizationally and technically, to protect your personal data. Through strict access control, we ensure that your data is only accessible to employees who necessarily must use it. In addition, our security is regularly checked by experts. When transferring data to other parties (as mentioned above), we always require that this party treats the data as carefully as we do.

23. The services of valpottery.be are not aimed at children. The use of valpottery.be by customers under the age of 18 is only permitted with the express consent of a parent or guardian.

24. You can exercise the following rights regarding your data:

Right to information
You have the right to a transparent and comprehensible explanation of how we handle your personal data and which rights you can exercise in that regard. That is why this privacy policy explains in detail what data valpottery.be collects from you and how it handles it.

Right of access
You have the right to request access to the data that valpottery.be has at your disposal at any time.

Right to correction
You have the right to have your personal data corrected if they are incorrect or outdated and/or to have them completed if they are incomplete.

Right to object
You have the right to object to the processing of your data if you do not agree with the way valpottery.be processes your personal data.

Right to data portability
You have the right to receive data that you have provided to us under the agreement(s) you have concluded with us in a machine-readable format. In this way you can store this data yourself in a database.

Right to restriction
You have the right to request restriction of the processing of your data. This means that we may keep your data, but not use it.

Right to be forgotten/request to delete account
You have the right to request that we delete all your personal data. When you submit such a request, we will delete the data that can be traced back to you, except for the data that we are required or allowed to keep by law.

Right to lodge a complaint
You have the right to submit a complaint about the way in which we handle your data. We are happy to resolve such complaints together with you. You can submit a complaint by e- mail (e-mail to info@valpottery.be). In addition, you also have the right to submit a complaint to the Dutch Data Protection Authority.