terms & conditions

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

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 
- 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.