The present terms of sales are concluded, on one hand, by The Clay and Paint Factory SA whose head office is Rue du dossay, 3 4020 Wandre, Belgium and, on the other hand, by any other natural or legal person named hereinafter referred to as “the Customer” wishing to make a purchase via the website of The Clay and Paint Factory SA (https://www.clay-and-paint.com) hereinafter referred to as "the Website".
Limited company with a capital of 250.000 €
Registered office: Rue du dossay, 3 - 4020 Wandre - BELGIUM
Telephone: Belgium +32 43 62 19 90
Intra-Community VAT number: BE0461.347.341
Our terms and conditions define the relationship between The Clay and Paint Factory S.A. and the Customer. This applies in full to any purchase made via the website https://www.clay-and-paint.com
Placing an order and validating these terms of sale implies the complete acceptance of these same conditions.
These terms of sale shall prevail over any other general or special conditions not expressly approved by The Clay and Paint Factory S.A.
The Clay and Paint Factory S.A reserves the right to modify its conditions of sale at any time. The applicable conditions are those in effect on the date of the order by the Customer.
THE CLAY AND PAINT FACTORY’s offers are always without obligation and subject to sale and the stock limits. They are subject to revision, among other reasons, in case of increases of salaries and social charges, and cost of raw materials. Delivery times are given as an indication and do not carry any formal obligation. Thus, they cannot give rise to any claims for damages in case of non-respect.
The measures in Article 2 are holding under reserve of other legal restrictions.
Orders are valid only after written confirmation by THE CLAY AND PAINT FACTORY.
The sales of THE CLAY AND PAINT FACTORY being only concluded on a B2B basis, they are concluded on a firm basis. The goods delivered can be returned only after the agreement of THE CLAY AND PAINT FACTORY.
The customer will cover for the returning expenses.
Shipping method and delivery terms. The Clay and Paint Factory S.A. Declines any responsibility as soon as the material has left the registered office, even though for free deliveries. It is the responsibility of the customer to check the package as soon as it arrives and to exercise when necessary and action against the forwarder.
If it happens that the customer does not accept the delivery of products or services that are the object of his order made available to him by The Clay and Paint Factory S.A., the Customer is nevertheless in the obligation not to delay the due date of the payment to this same delivery.
Products delivered to the Customer remain the property of The Clay and Paint Factory S.A. until full payment of the price and taxes. The Clay and Paint Factory S.A. reserves the right to take back the products. In this case, The Clay and Paint Factory S.A. also reserves the right to claim the additional damages and interest for the damage.
THE CLAY AND PAINT FACTORY can never be held responsible for possible claims sustained by the purchaser following the use of the finished products.
The products are guaranteed to be of commercial quality, in conformance with generally accepted standards.
All complaints must be addressed to THE CLAY AND PAINT FACTORY by registered mail within 15 days from reception of the goods. Beyond this deadline, all complaints will be considered late and thus inadmissible. In case of complaints, the purchaser must carefully store the sold products, or objects in question in order to allow a contradictory report, - whether friendly or by expert or judicial evaluation- in the presence of a THE CLAY AND PAINT FACTORY representative. Failure to carry out this preservation, the complaint will be rejected for failure to have taken all necessary measures to preserve the proof.
In addition, the purchaser will make sure to introduce all useful appeals, whether as to the title of reserve, complaint or declaration of incident, to the transporters, other intermediate transporters an, especially, insurance companies, in order to protect its rights and those of THE CLAY AND PAINT FACTORY.
The THE CLAY AND PAINT FACTORY invoices are payable in Liège on the mentioned settlement date.
In the case of non-payment of an invoice on the due date, it will be due rightfully and without this requiring a formal notice, an interest of delay equivalent to the rate of the judicial interest in force at that moment, plus 2% and in addition, the amount due will automatically be increased by 15% under the same conditions with a minimum of € 50 as damages and interest.
In case of lawsuit, only the courts of Liège are competent. In addition, all sales concluded with THE CLAY AND PAINT FACTORY will be under the control of Belgian legislation in application at the time of the signing of the contract. For any surplus, besides that which is foreseen in the present general sales conditions, THE CLAY AND PAINT FACTORY and the purchaser declare that sales operated between them are regulated under the United Nations Convention on international contracts of sales of goods signed in Vienna on 11.04.1980 (CISG-Convention on contracts for the international sales of goods), even when the sale is made inside the Belgian territory.
Each of the parties shall have the right to suspend performance of its obligations under the contract, to the extent that such performance is prevented or unreasonably burdensome due to the following circumstances: labor disputes and any other circumstance beyond the control of either party such as: fire, war, general mobilization, insurrection, requisition, seizure, embargo, energy restrictions and defects or delay in the deliveries of subcontractors caused by such circumstances.
The seller keeps ownership of the goods sold until the actual payment of the full price in principal and accessories. In case of resale, the seller also retains the possibility of claiming the price of the goods held by the sub-purchaser. The proprietary reserve is reported on the resale price. Upon delivery, risks of any kind including fortuitous event and force majeure, and care, are transferred to the buyer. Failure to pay any of the due dates may result in the claim of the goods.
The customer agrees to comply with all applicable laws regarding the respect of privacy and the processing of personal data and to inform third parties that their data may be used and transmitted for advertising, commercial or marketing purposes.
The customer irrevocably makes available to The Clay and Paint Factory SA, for free, the personal data collected through its website and agrees that The Clay and Paint Factory SA uses and transmits this data for advertising, sales and marketing purposes.
By consenting to the introduction or disclosure of their personal data or when concluding a contract with The Clay and Paint Factory SA, customers consent to the collection and use of their personal data. as defined below.
The Clay and Paint Factory SA collects personally identifiable information (name, address, phone number, email address, total number of visits to the site, number of visitors to each page of the site, provider domain names Internet access of visitors, IP addresses, cookies, ...).
The Clay and Paint Factory S.A. uses customer data for business management purposes, the promotion of its products and services and the establishment of site usage statistics for a period of five (5) years. The customer agrees that his data will be used and transmitted to third parties for advertising, marketing or commercial purposes and agrees to receive information about his email address (newsletter, etc.).
Right of access: the customer has the right to ask at any time if his data have been collected, for how long and for what purpose.
Right of rectification: the customer has the right to request that his false or incomplete data be corrected or completed at any time on simple request.
Right to limit processing: the client may request a limitation to the processing of his data. This means that the data in question must be "marked" in our computer system and can not be used for a certain period of time.
Right to erase data ('right to be forgotten'): Subject to the exceptions provided by law, the customer has the right to demand erasment of his data.
Right to data portability: The customer can request that his data be transmitted to him in a "structured format, commonly used and machine readable".
For the exercise of the aforementioned rights, the customer can send his request to The Clay and Paint Factory S.A. via the following email address: email@example.com
Right of complaint: The customer has a right of complaint to guarantee the respect of the legislation in this matter with the Control Authority.
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Essential / functional cookies - These cookies are required to allow the visit of our websites and the use of certain parts of them. These cookies allow you, for example, to navigate between the different sections of the websites, complete forms, place orders, consult a multilingual website and update the contents of your basket. Similarly, when you want to access your personal account, for example in your administration area The Clay and Paint Factory SA or another application at your disposal, cookies are essential to verify your identity before granting access to your personal information. If you refuse these cookies, some sections of the website will not work as they should, or not at all.
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