1. prelude: the reasonable dialogue

a – these conditions have only been drawn up in the event that the customer and producer cannot reasonably resolve a dispute.
b – the expectation – and experience – is that these conditions are online, only for the reason that that is how it is supposed to be.


2. Order procedure

a – in consultation, either in person or online (with photos and sketches, for example), a model, a glaze and a quantity of items are decided upon.
b – usually a sample model is made (free if unfired/paid if fired and glazed) on the basis of which a price quote is provided.
c – after approval by the customer, an invoice will be issued and production will start as soon as possible.
d – the ordered production will only be fired and glazed after payment has been received in full by the producer.
e– we do not work with installment or partial payments.
f – delivery (shipping or collection) is at the customer's expense, but is often done in consultation. For example, if it is a small box for a branch in Amsterdam, the producer may cycle to the customer.
g – the customer arranges and pays for that delivery, or the producer does this in consultation, in that case followed by an invoice to the customer for the costs incurred (and specified).


3. resellers / consignment arrangement

a – a reseller of our own porcelaine royale tableware line has the desired quantity of items on consignment, to offer them for sale to customers in his (online) store.
b – in the event of breakage during this period, the reseller is liable.
c – After the sale, the reseller will notify the producer within a reasonable period (not after one year), after which an invoice will follow.
d– at any point the reseller may decide to return the borrowed stock to the manufacturer (or v.v. ask for the return).
e- delivery is in principle at the expense of the reseller, but (re)stocking is normally done in reasonable consultation.


4. Manufacturing defects and breakage

a – If a production error is discovered after delivery, the manufacturer will take back the item and replace or reimburse it.
b – If breakage occurs during shipping, this will be at the expense of the manufacturer, provided that the customer reports this immediately after reception, including photos of the box, the contents of that box (how it was delivered, whether or not damaged) and the broken item are required. because that is what the postal insurer wants.
c – if an item appears to have cracks, or glazing defects after one or two uses, the manufacturer will generally hold itself responsible and replace the item or compensate for the damage; as usual, in reasonable consultation.


5. equal versus similar

a– models in (online) photos are literally models: an item is reproduced as uniformly as possible, but all production is handmade and clay is a natural product.
b– modeling (diameter, height, curve) of items is approximated with utmost precision and to the best of our ability, but each unique piece may deviate by up to one centimeter in height or diameter.
c – items with excessive or visible defects will be replaced by us.
d – when there is a disagreement about what is or is not acceptable as a deviation within a 'family' (of ceramic items, normally called 'series') we try to resolve this as customer and manufacturer through a reasonable dialogue, where the customer takes into account that a potter is not a machine, and where the producer takes the commercial interests of the customer into account.
e – on the website and other public media, as well as in the manufacturer's studio, there are plenty of examples to be able to estimate what a customer can expect from the visual accuracy of a future production - it is the responsibility of the customer to inform himself about this, where it should be noted that the producer becomes more skilled (and therefore more precise) through increasing experience.


6. delivery term

a– Normally the production of a series takes between 3 and 6 weeks.
b– this depends on the size and complexity of the models and current orders.
c – the predictability of this period is high, the final delivery date is determined in consultation and
we have so far never missed a deadline.


7. right of withdrawal

a – at any time before sending the invoice (see 'procedure', 2.d), both customer and producer can withdraw from the intended collaboration.
b – if, after consulting the model and quantity, the customer decides to change or cancel his order, he must do this before the invoice is sent.
c – if the customer indicates that he agrees with the price quotation, has sent a message to the manufacturer with his 'agreement for the order', or has verbally agreed to quantities and prices and the like (in short: for example, he has said 'yes, I want 50 of your cups at 10 € incl. VAT each'), this is seen as the starting signal for production and thus the contract between customer and producer is determined.


8. price

a– the price on quotations and invoices includes 21% VAT and is always also stated without VAT.
b– for customers within the E.U. this VAT is 'exempt' (intra-communitarian), provided the customer has a company with a matching VAT number.


9. Disputes

a – If an unresolvable dispute arises between customer and producer, Dutch law applies.
b– let's hope that neither customer nor producer will ever have to refer to these conditions, because we prefer to work it out together.


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the producer mentioned in the above / company details

J.C. Herman Ceramics / Manufacture
van diemenstraat 410
/ studio 0.12
1013 cr amsterdam
The Netherlands

tel: +31 6 154 924 28
email: info thingie jcherman.org
Chamber of Commerce: 51618087
VAT: nl 180863939 b 02
iban: nl07asnb0706909682
bic: asnbnl21