General Conditions in 15 Articles
(in case of confusion, the original Dutch text prevails)
Article 1 - Definitions
In these General Terms and Conditions the following expressions shall have the following meanings:
Operator: the natural or legal person who provides distance marketing of consumer products and/or services;
Consumer: the natural person not acting in the exercise of profession or business, and who enters
into a distance contract with the operator;
Means of distance communication: a medium which can be used to enter into an agreement,
without physical proximity of the consumer and the operator, such as (but not limited to) by fax,
telephone and internet;
Distance contract: an contract in which, up to the conclusion of the contract, exclusive use is made
of one or more means of distance communication in the system organised by the vendor or service
provider (operator) for distance sale of products and/or services;
Right of withdrawal: the option for consumers to withdraw from the distance contract within the
cooling-off period;
Cooling-off period: the period during which the consumer may avail of his right of withdrawal;
Day: calendar day;
Long-term transaction: a distance contract concerning a number of products and/or services, for
which the offer and/or purchasing obligation is spread over a longer period;
Long-term data storage media: any means that allow the consumer or operator to store all
information which is directed to him/her personally, in such a way that allows for future
consultation and unaltered reproduction of that information.
Article 2 - Identity of the operator
J.C.HERMAN Ceramics
van Diemenstraat 410
/ atelier 0.12
1013 CR Amsterdam
the Netherlands
tel: +31 6 154 924 28
e-mail: info thingie jcherman.org
KvK: 51618087
BTW : NL 180863939 B 02
IBAN : NL07ASNB0706909682
BIC : ASNBNL21
Article 3 - Applicability
1. These general terms and conditions apply to any distance contract entered into by the operator
and the consumer, and to any offer from the operator.
2. Before concluding a distance contract, the operator makes the text of these general terms and
conditions available to the consumer. If it is not possible to make the general terms and conditions
available in advance, the operator shall, before concluding the distance contract, indicate that the
consumer may consult the general terms and conditions and that on request, these shall be sent
free of charge to the consumer as quickly as possible. The text of these general terms and
conditions may also be supplied to the consumer electronically, in such a way that the consumer
can easily store it on a sustainable data storage medium. If this is not possible, before concluding
the distance contract it will be specified where the general terms and conditions can be viewed
electronically and that they will be delivered upon request from the consumer, either via electronic
means or otherwise.
3. If, in addition to these general terms and conditions certain product or service conditions apply, the
second paragraph shall apply accordingly, and in the event of contradictory (general) conditions,
the consumer may always appeal to the applicable provision most favourable to him/her.
Article 4 - The offer
1. The operator shall explicitly state if an offer is of limited duration, or if certain conditions apply.
2. The offer contains a complete, accurate and detailed description of the products and/or services
provided, so that the consumer is able to judge the product/service adequately. If pictures are used
with the offer, they are to be real pictures of the products and/or services provided. Obvious
mistakes or errors in the offer, for which it may be immediately clear to the consumer as mistakes or
errors, are not binding for the operator.
3. With an offer, the operator clearly indicates what the rights and duties of the consumer are when
accepting the offer. Important therein are:
- the price including taxes;
- if applicable, the delivery costs;
- the negotiation procedure of the contract and how the consumer may establish these
negotiations;
- delivery, payment or execution procedure of the contract;
- the manner in which the consumer may seek information about actions he/she does not require
before concluding the contract, as well as the way he may correct these actions before the
conclusion of the contract;
- possible languages, including Dutch, in which the contract shall be entered into;
- the codes of conduct to which the operator has submitted and the manner in which the
consumer can consult the codes of conduct via electronic means, and
- the minimum duration of the distance contract in the event of a long-term contract or a
contract, including continuous or periodical delivery of products or services.
- whether or not the right of withdrawal applies;
- if the contract is filed after conclusion, how the consumer can consult it;
- the price of distance communication if the costs for using the technology for distance
communication are calculated on a basis other than that of the service charge;
- acceptance period of the offer, or the period for which the price will be honoured.
4. Because each product is hand-formed and clay is a natural product, the shrinkage and shape are slightly unpredictable.
That is why products may vary from the agreed/indicated model with about 0.5 to max. 1 cm.
Article 5 - The Contract
1. The contract becomes valid the moment the consumer accepts the offer and meets the terms and
conditions, with due regard for the stipulations in paragraph 6 of this article.
2. If the consumer accepts the offer via electronic means, the operator shall immediately confirm the
receipt of the acceptance of the offer via electronic means. Up to the moment the receipt of said
acceptance has not been confirmed by the operator, the consumer may repudiate the contract.
3. If the consumer has accepted the offer via electronic means, the operator must take appropriate
technical and organisational security measures for the electronic data transfer. The operator shall
take appropriate security measures into account if the consumer is given the option to pay
electronically. In this context, the operator shall ensure a secure web environment.
4. The operator shall send the following information along with the product or service, in writing or in
such a way that it can be stored on a sustainable data storage medium by the consumer in an
accessible manner:
a. The visiting address of the business establishment of the operator where the consumer may go
with any complaints;
b. the conditions for termination of the contract if the contract has a duration of more than one
year or is indefinite;
c. the information as stated in article 5, paragraph 3, unless the operator already provided the
consumer with this information before the execution of the contract;
d. the information corresponding to guarantees for consumer goods and after-sales services;
e. the conditions under which, and the manner in which the consumer may avail of the right of
withdrawal, or a clear notification with regards the exclusion from the right of withdrawal.
5. If the operator has undertaken to deliver a series of products or services, the stipulation in
paragraph 4 applies to the first delivery only.
6. The operator may (within the limits of the law, obviously) gather information about the ability of the
consumer to fulfil his commitments, as well as all facts and factors relevant to a distance contract. If
the operator, acting on the results of this investigation, has sound reasons not to enter into the
agreement, he is lawfully entitled to refuse an order or request, or to include special terms for its execution.
Article 6 - Right of Withdrawal with delivery of products
1. When purchasing products, the consumer has the right to repudiate the contract without specifying
any reasons, for a period of at least 14 days, starting the day of receipt of the product, purchased by
or on behalf of the consumer.
2. In the event the consumer wishes to avail of the right of withdrawal, he or she may only unpack or
use the product to the extent necessary to judge whether or not he or she wishes to keep the
product. During this period, the consumer shall treat the product and packaging material carefully.
The consumer shall return the product with all delivered accessories and, as far as possible, in the
original condition and packaging, in accordance with the reasonable and clear instructions indicated
by the operator.
Article 7 - Costs in the event of withdrawal
1. In the event the consumer avails of his right of withdrawal, he or she shall be charged the shipping costs
AND will pay the returning costs (or organise the return of the product in another way).
2. In the event the consumer has made a payment, the operator shall return
this amount as quickly as
possible, no later than 30 days after the return or withdrawal.
Article 8 - Exclusion from the right of withdrawal
1. The right of withdrawal may only be excluded by an operator if the operator
has clearly indicated
this in the offer and in good time before commencing the contract.
Article 9 - The Price
1. All prices of the offered products or services shall include VAT. Under no circumstances are hidden
costs permitted, such as taxes (VAT), packaging or delivery charges. Where these costs apply, they
are to be indicated clearly with the offer.
2. The prices of the products and/or services provided shall not be raised during the validity period
stated in the offer, subject to changes in price due to changes in VAT rates.
3. With products or services whose prices are subject to fluctuations in the financial market that are
out of the control of the operator, the operator may, contrary to the previous paragraph, offer
products/services at variable prices, provided the operator clearly indicates with the offer that
prices may vary and that the prices indicated are target prices.
4. Price increases within three months of the conclusion of the contract are not permitted unless they
are the result of statutory schemes or provisions.
5. Price increases after three months of the conclusion of the contract are not permitted unless the
operator has negotiated this, they are the result of statutory schemes or provisions, or the
consumer has the option to terminate the contract in the event of a price increase.
6. In the case of a custommade order, in general the operator demands a deposit of 50%.
Pilot models, color tests, samples and the like are not necessarily free
and can be sold for the going price or mentioned on the invoice.
Article 10 - Conformity
The operator guarantees that the products and/or services comply with the contract, the specifications
listed in the offer, the reasonable requirements of usability and/or reliability, and the existing provisions of the law and/or government regulations on the date the contract was entered into.
Article 11 - Delivery and execution
1. When receiving and when executing product orders, as well as with the assessment of requests for
the provision of services, the operator shall execute these tasks with due diligence.
2. The operator acknowledges electronic communication and shall not deny its validity or legal effects
for the sole reason that the communication happens electronically.
3. If delivery of an ordered product turns out to be permanently impossible, the operator shall make
an effort to offer an equivalent replacement product. It shall be reported in a clear and
comprehensible manner that a replacement product will be delivered at delivery at the latest. With
replacement products, the right of withdrawal cannot be excluded and the consumer is free to
repudiate the contract, in which case any possible costs for return shipment shall be borne by the
operator.
4. Unless explicitly agreed otherwise, the risk of loss and/or damage to products shall remain with the
operator until the moment of delivery to the consumer.
5. The address provided by the consumer to the operator shall be the place of delivery.
6. The operator shall, considering the stipulations in Article 5, execute accepted orders with
convenient speed, within 30 days, unless a longer delivery period was agreed. In the event of delay
in delivery, or if an order cannot be delivered or only partially be executed, the consumer shall be
informed of this no later than one month after ordering. In such cases, the consumer is entitled to
repudiate the contract free of charge and a right to possible compensation.
7. In the event of repudiation under the preceding paragraph, the operator shall return the payment
made by the consumer as quickly as possible, no later than 30 days after repudiation.
8. Because each product is hand-formed and clay is a natural product, the shrinkage and shape are slightly unpredictable.
That is why products may vary from the agreed/indicated model with about 0.5 to max. 1 cm which we of course try to avoid.
Article 12 - Payment
1. The amounts owed by the consumer are, unless agreed otherwise, to be paid within 14 days after
receiving the goods, or in the event of an agreement to provide a service, within 14 days after the
delivery of documents relating to that service.
2. In the event of non-payment or default of payment on the part of the consumer, the operator may,
unless lawful restrictions apply, charge any reasonable costs incurred to the consumer, provided
that the consumer was informed of this beforehand.
3. The consumer is to inform the operator immediately of possible inaccuracies in the payment details
provided or stated.
4. When selling products to consumers, it is not permitted to stipulate an advance payment of more
than 50% in the general terms and conditions. It is permitted to negotiate an advance payment of
more than 50%. If an advance payment was agreed, the consumer may not assert any rights
regarding the execution of that order or service before the agreed advance payment has been
made.
Article 13 - Settlement of complaints
1. The operator shall have a sufficiently advertised complaints procedure and shall attend to the
complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract are to be fully and clearly described and submitted
to the operator within a reasonable period after the consumer has established the defects.
3. The operator shall attend to and address the submitted complaints as quickly as possible, but no
later than 14 days from the date of receipt. If a complaint is expected to require a longer processing
time, the operator shall answer within the 14-day period with an acknowledgement of receipt and
an indication of when the consumer may expect a more comprehensive response.
Article 14 - Governing law
Contracts between the operator and the consumer, to which these general terms and conditions apply,
are strictly governed by Dutch law.
Article 15 - Additional conditions or deviations
Additional conditions or deviations from these general terms and conditions may not be to the prejudice
of the consumer and must be put in writing or be recorded in such a way that they can be stored by the
consumer in an accessible manner on a sustainable data storage medium.