Paulus Porcelain Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE.
This page states the Terms and Conditions (the “Terms”) which govern Your purchase of and Our supply of goods to You through the website located at www.pporcelaindev.wpengine.com (“the Website”). The terms and conditions under which you may use the Website are set out in the Terms of Website Use.
Paulus Porcelain is a registered trade name of Boetzelaer Nispen Galerie VOF registered in the Netherlands with Company Number55938825 whose registered office is at Hondsbosseweg 2, 1969MA, Heemskerk, The Netherlands referred to as “We”, “Us” or “Our” in these Terms, is the supplier of the goods and may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on You. If You do not accept the Terms and Conditions stated here, do not use the Website.
The terms “You”, “Your”, “Yourself” and “Yours”, when used in these Terms, includes any user of the Website, whether such user is a consumer or a business.
1. Formation of the Contract
- a) Consumers
No contract exists between You and Us for the sale of any goods until We have received and accepted Your order and sent You written confirmation confirming Your order to the address or email address You have given. Once We have confirmed Your order, there is a binding legal contract between us (the “Contract”). Any goods on the same order which We have not confirmed do not form part of that Contract. We may deliver goods in instalments – see clause 5. The Contract is subject to the rights of cancellation in clause 6 below.
- b) Business Customers
If You are placing an order in the course of a business (“Business Customer”) We may refuse to accept Your order or terminate the Contract for the goods the subject of that order by notice in writing to You and without liability if Your account has been suspended and/or any of the events set out in clause 12 have occurred.
- c) In using this Website and by placing an order, You warrant that You are legally capable of entering into binding contracts and You are at least 18 years old.
Quotations are subject to withdrawal at any time before the receipt of an unqualified order from You and shall be deemed to be withdrawn unless so accepted within 30 days from their date unless otherwise agreed by Us in writing.
3. Description and Price of the Goods
- a) The description and price of the goods You order will be as shown on this Website at the time You submit Your order. You can correct any errors to Your order up to the point at which You click on “Make Payment” on the final page of the ordering process.
- b) We try to make sure that all product descriptions are as accurate as possible. On the rare occasion that there is an error, We will advise You about it as soon as reasonably possible.
- c) The goods are subject to availability. If on receipt of Your order the goods You have ordered are not available in stock, We will try to obtain the goods from Our suppliers. Where you are dealing as a consumer but not if You are a business customer You are free to cancel Your order if You wish to do so. If You cancel Your order We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for those goods.
- d) There may be restrictions in place from time to time in relation to the number and type of goods which You may purchase in any one order, as well as a maximum sum of money which may be spent on any one order. Any such restrictions will be advised on this Website.
- e) Every effort is made to ensure that prices shown on this Website are accurate at the time You place Your order. If an error is found, We will inform You within a reasonable amount of time and offer You the option of reconfirming Your order at the correct price or cancelling Your order. If You cancel, We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for the goods.
- f) Save as set out on the Website the price of the goods does not include the cost of delivery. Details of delivery charges are shown on the Website. Prices and delivery charges include VAT where applicable. Where appropriate VAT is charged at the rate prevailing at the relevant tax point and will be shown separately on Your invoice/statement. You may also have to pay customs or other applicable duties – see clause 16 below.
Payment for the goods and delivery charges can be made in any nominated currency shown on the Website by any method shown on the Website at the time You place Your order.
- a) Consumer Sales
The goods You order will be delivered to the address You gave when You placed Your order, subject to payment of the relevant delivery charge. If We do not deliver to a particular destination You will be so notified by Us before You submit Your order or as soon as possible thereafter.
Where You are dealing as a consumer we aim to dispatch all deliveries within 2 to 3 Working Days or as soon as possible thereafter subject to the goods being in stock.
You may need to sign for the goods at the point of delivery.
If there is no one at the address given who can accept delivery of the goods, the postman or courier should notify You of an alternative delivery date, or a place to collect the goods, or details of how to arrange an alternative delivery date.
Where You are dealing as a consumer every effort will be made to deliver the goods as soon as possible after Your order has been accepted by Us and in any event within 30 days of Your order where We have the goods in stock. However, We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. We will inform You of any delay as soon as possible. Where We obtain the goods from Our supplier delivery times may be longer and could be up to 120 days and where possible We will notify you of anticipated delivery times. We will notify you where delivery will take more than 120 days. Nothing in this clause affects Your rights under clause 6.
If goods are to be required for a particular date or time please contact Our Customer Services Department and We will endeavour to check the stock position with Our supplier and advise You, prior to You placing Your order.
- b) Business Customers
Where You are a Business Customer We will use Our reasonable endeavours to deliver the goods by the date for delivery requested by You. However, any date for delivery of the goods is an estimate only and time shall not be of the essence. We shall not be liable for any failure to meet any such estimate, nor for any loss, of whatsoever nature resulting directly or indirectly therefrom. Delivery will take place as provided for in clause 7(b).
- c) It is Your responsibility to ensure that the correct delivery details are supplied on order. We cannot be liable for non-delivery due to incorrect or confusing delivery information supplied. If shipments are returned to Us by Our carrier for this reason, We reserve the right to charge You for re-shipment in addition to any return charges incurred by You. We will however notify You in writing before doing so.
6. Your Right of Cancellation (Consumers Only)
If You are a consumer (but not where You are a Business Customer), You have the right to cancel the Contract at any time up to the end of 14 days after You receive the goods.
To exercise Your right of cancellation, You must give written notice to Our Customer Services Department in writing using any available contact method we provide, giving details of the goods ordered and (where appropriate) their delivery.
If You exercise Your right of cancellation after the goods have been delivered to You, You will be responsible for returning the goods to Us at Your own cost (unless We delivered the goods in error or if the goods are damaged or defective when delivered). The goods must be returned to the address shown below. You must take all reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once You have notified Us that You are cancelling the Contract, We will refund or credit You within 30 days for any sum that has been paid by You or debited from Your credit card or other account for the goods.
If You are a Business Customer You may not cancel or suspend the Contract in whole or in part without Our prior written consent and if we give Our consent, subject to you indemnifying Us in full against all losses, damages, costs, expenses and other liabilities awarded against or incurred by Us as a result of or in connection with the cancellation or suspension and such terms and conditions as we may notify to You in writing.
If You are a Business Customer We may cancel any Contract with You by notice in writing to You and without any liability if Your account has been suspended and/or any of the events set out in clause 12 have occurred.
7. Risk and Title
- a) Consumers
Where You are dealing as a consumer You will become the owner of the goods You ordered and responsible for risk of loss of or damage to them once they have been delivered to You.
- b) Business Customers
Where You are a Business Customer risk in the goods shall pass to You immediately on delivery to You. Unless otherwise agreed in writing by Us delivery is deemed to take place when the goods are despatched.
If any goods You receive from Us are damaged, defective or incorrect You should notify Our Customer Services Department in writing using any of the available communication methots provided by or mentioned on our website. We will provide You with a replacement free of charge provided that You return the damaged, defective or incorrect item to Us within a reasonable time. This does not affect Your statutory rights.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by Us, or failure to follow Our instructions.
All such returns must be authorised by Us prior to return and normally We will arrange collection. We reserve the right to ask to see a photograph of the faulty or broken goods prior to authorising return.
9. Your Information (Data Protection)
When You visit this Website or send e-mails to Us, You are communicating with Us electronically. We communicate with You by e-mail or by posting notices on the website. For contractual purposes, You consent to receive communications from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
All content including pictures, designs, logos, photographs, text written and other materials on this Website are owned, controlled or licensed to Us. They are protected by copyright, trade marks and other intellectual property rights. Unauthorised use of this content is prohibited.
11. Limitation of Liability
11.1 This clause 11 does not affect Your statutory rights if you are dealing as a consumer when purchasing the goods.
11.2 We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us, or Our agents, in a sum which is greater that the total price of the Contract.
11.3 We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits, business, goodwill, reputation, revenue or business opportunity whether direct or indirect and for any other indirect or consequential (including economic) loss of any kind which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us or our agents.
11.4 Nothing in these Terms shall operate so as to:
- exclude either party’s non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents; or
- exclude liability for fraudulent misrepresentation.
11.5 We do not warrant that the Website will operate error-free nor that the Website and its server are free of computer viruses. If Your use of the Website results in the need for servicing or replacing equipment or data, We are not responsible for those costs.
11.6 Save as set out in these Terms, We, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose.
12. Termination and Suspension (Business Customers Only)
Without prejudice to any rights and remedies available to Us, We shall be entitled, forthwith on written notice to You either to terminate the Contract wholly or in part and/or any other contract with You or to withhold performance of all or any of its obligations under the Contract and/or any other contract with You (and on the giving of such notice all monies outstanding from You to Us shall become immediately due and payable) if: –
- any sum owing to Us from You on any account whatsoever shall be unpaid after the due date for payment (in which event We shall have a general lien for any such sum on all and any of Your property in Our possession);
- You shall commit or suffer an Insolvency Event; or
- You shall commit any breach of any contract (including without limitation the Contract) with Us.
In the event of a suspension of performance We shall be entitled, as a condition of resuming performance, to require pre-payment, or such security as We may require. Insolvency Event means any one or more of (1) a notice being issued to propose a resolution for winding up or dissolution, or such a resolution being passed; (2) a petition for a winding up or an administration or bankruptcy order being presented, or such an order being made; (3) any steps being taken with a view to a voluntary arrangement or other assignment, composition or arrangement with all or any creditors or any moratorium, readjustment, rescheduling, forgiveness or deferral or all or any indebtedness; (4) suspension of payments to all or any creditors and/or ceasing business; (5) an encumbrancer taking possession of all or any assets of a party; (6) an administrator or receiver being appointed over a party or all or any of its assets; (7) any action anywhere similar or analogous to any of the foregoing; and (8) the other party having reasonable grounds for believing that any of the foregoing is imminent. For the avoidance of doubt if any of the foregoing occurs in relation to a partner in any of the parties hereto it shall be deemed to occur in relation to that party.
13. Jurisdiction and Applicable Law
For the avoidance of doubt nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.
The rights and remedies of each party in respect of these Terms shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by one party to the other nor by any failure of or delay by a party in ascertaining or exercising any such rights or remedies.
The provisions of these Terms are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.
The headings in these Terms are for convenience only and do not affect the interpretation of the contract between us.
You shall not assign any benefit under the contract with us for the supply of the goods or the contract without Our consent in writing, which may be given on such terms as We think fit. You agree and accept that We may assign the contract in whole or in part to someone else.
When ordering goods for delivery overseas You may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by You. Customs policies vary widely from country to country, so you should contact Your local customs office for further information. Also You are considered the importer of record and must comply with all laws and regulations of the country in which You are receiving the goods. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
17. Contact Details
This Website is owned and operated by Boetzelaer Nispen Galerie VOF.
You can contact Us by:
Phone: +31 655 721 004
Post: Hondsbosseweg 2, 1969MA, Heemskerk, The Netherlands