Terms & Conditions

IMPORTANT: PLEASE READ CAREFULLY

WE DRAW YOUR ATTENTION TO THESE GENERAL TERMS AND CONDITIONS, WHICH APPLY WHEN YOU PURCHASE GOODS FROM US ONLINE. PLEASE READ THEM CAREFULLY BEFORE MAKING ANY PURCHASES, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT HOW WE WILL SELL GOODS TO YOU. BY PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS.
YOU ARE ADVISED TO PRINT THESE TERMS AND CONDITIONS AND KEEP A COPY FOR YOUR OWN REFERENCE.

In these Terms:

  • “Goods” refers to the goods we will supply to you in accordance with these General Terms and Conditions.
  • “Order” refers to an order you place with us that details the goods you wish to purchase from us.
  • “We/Us/Our” refers to [Petite Clay Studio], company number [company number], located at [address].
  • “You/Your” refers to you, the person using our Website and/or purchasing goods from us.

1. HOW THESE GENERAL TERMS APPLY

1.1 The terms in Section A explain how our Website should be used. They apply to all users of the Website. Section B also applies when you purchase goods through the Website. We reserve the right to modify these Terms from time to time and recommend that you check them regularly to stay informed about any changes we may make.
1.2 When you use the Website, we are entitled to collect information about you and your visit. Information on this can be found in our Privacy Policy, which is part of these Terms. The Privacy Policy and these Terms together govern our relationship with you and form a contract between us (“Contract”).

SECTION A: TERMS OF USE FOR THE WEBSITE

2. ABOUT THIS WEBSITE

2.1 This Website is operated by [Petite Clay Studio], a company registered in [country] under company number [company number], with its registered office at [address].
2.2 This Website is intended for consumers. The information on this Website is in [language], all communications will be conducted in [language], and the Website is designed in accordance with [country] law. You may see this Website in a market where we do not normally sell goods, and we cannot be held responsible for non-compliance with local advertising or other laws related to this Website or its content. We reserve the right to restrict access to certain parts of the Website to users who have registered with us.

3. OUR RIGHTS REGARDING THIS WEBSITE

The copyright and other proprietary rights (known as “Intellectual Property Rights”) relating to this Website and its content (including design, text, logos, trademarks, images, software, and other materials) are owned by us or our licensors. You and others are not permitted to publish, copy, distribute, or modify any content from this Website. Everyone is allowed to view this Website and is permitted, for personal use only, to print parts of it, browse our products, and place an order with us. Any other use is strictly prohibited without our prior written permission. Under no circumstances is it allowed to use copies or other materials from the Website for commercial purposes.
You are not allowed to copy, reproduce, or use trademarks, logos, or brand names found on the Website in any way. Linking to our Website from other websites is subject to our approval, and we may require you to stop linking to our Website at any time.
We reserve the right to use any information you upload to our Website as we see fit, and we may share that information with third parties.

4. CONTENT OF THE WEBSITE

We have compiled this Website with great care, but neither we, nor our directors, employees, representatives, or other companies within our group can be held liable for damage, loss, or costs, however caused, as a result of your use of or reliance on the Website. Although we strive to provide information that is accurate and up to date, we do not guarantee this. It is your responsibility to ensure that your use of the Website is suitable for your own purposes, and the information we provide is not intended to be relied upon as advice. The information contained on this Website is provided on an “AS IS” basis, and we exclude all types of warranties and representations in relation to this Website and its content, as far as the law allows.
We reserve the right to change, remove, or otherwise modify the content of our Website at any time and without notice.
We may include links to other websites. When we do, these links are for your convenience only, and we cannot be held responsible for the content or availability of those websites or the way you use them.
We do not guarantee that this Website will always be available or free from errors or viruses.
We strive to ensure that the product images on our Website are as accurate as possible, but there may be a slight color variation between the goods and the images shown online.

5. HOW YOU MUST USE THIS WEBSITE

Submissions or comments that are defamatory, offensive, obscene, illegal, sexist, or racist, or in any way offensive to any person, are strictly prohibited. You are not allowed to use offensive language, be aggressive, swear, or threaten, harass, or abuse any person, including but not limited to the users of this Website.
All information you submit must be accurate and truthful and should not be copied.
You are required to always use your own identity when using this Website and must ensure that the information you provide is accurate and up-to-date to the best of your ability. It is not allowed to use information from or about another person unless you have permission to do so.
You are not allowed to corrupt the Website, flood it with information that may disrupt its smooth operation, or use any elements that may affect the Website, such as worms, viruses, or similar harmful elements. The use of spam or junk mail (including multiple, unsolicited, or unwanted mass emails) is also prohibited.
We cannot be held responsible for any loss or damage you may experience as a result of harmful material infecting your computer, files, or other materials due to the use of our Website.
If you have a password as part of our security procedures, you must treat that information as confidential and not share it with anyone.
We reserve the right to refuse access to this Website to anyone who does not comply with these Terms.

SECTION B: TERMS OF SALE

6. OUR CONTRACT REGARDING THE SALE OF GOODS AND THE ORDER PROCESS

6.1 The Website shows goods that are offered for sale and provides information about these goods. By placing goods on the Website, we invite you to place an order with us. When you place an order, we are not obligated to accept that order, and the contract between us will be formed when we accept your order. Neither the submission of an electronic order form nor the completion of the checkout process confirms our acceptance of your order. Our acceptance of your order and the completion of the contract between you and us will take place when the goods are dispatched to you. You are allowed to include a number of items in an order, subject to the limitations in these Terms or on the Website, and each order you place will form a separate contract between us. We reserve the right to refuse to send goods to any person.
6.2 Any terms that appear or are referenced in the order or that are otherwise stipulated by you will have no effect. Any variation to the contract must be confirmed by us in writing.
6.3 The following paragraph explains the process you must follow to place an order and how the contract for the sale of goods between us will be formed. This section also contains important information regarding payment and delivery.

Step-by-Step Process for Placing an Order:

  • Selecting Your Goods: Select the product for purchase by clicking “Add to Cart.”
  • Reviewing Your Cart: Adjust quantities, remove items, enter promotional codes, and proceed when ready.
  • Proceeding to Checkout: Select your delivery option and proceed to payment.
  • Entering Your Billing and Delivery Address: Fill in your details for billing and delivery.
  • Entering Your Payment Details: Check the payment information carefully before submission.
  • Placing Your Order: Confirm you have read and accept the terms by placing the order.
  • Order Acknowledgment: Receive confirmation via email with details of your order.

 

7. PRICE AND PAYMENT

7.1 Prices and delivery costs are as published on the Website when we accept your order. Prices include VAT and are in [currency]. Delivery costs are shown separately. All applicable delivery charges are as displayed on the Website at the time you place your order. The delivery charge for your order will be displayed on the cart page under your selected items. This means that if you order more than one item, no additional delivery charge will be applied for the extra items.
7.2 We reserve the right to change prices at any time. If there is a price difference between when you place your order and when we ship your order, we will notify you by email or phone and ask if you wish to proceed with your purchase. If you decline, and for some reason, payment has already been made, it will be refunded to your credit or debit account.
7.3 Offers and promotions on the Website are subject to availability, and we may change or withdraw them at any time without notice. Nothing will obligate us to maintain offers or promotions for a specified period. Additional terms may apply. The specifics of these will be displayed.
7.4 We accept payments via [payment methods you accept, e.g., PayPal, iDEAL, major credit cards].
7.5 You may only use a payment card if you are the named cardholder. By placing an order, you confirm that you are the authorized cardholder. All credit cardholders will be subject to validation, security checks, and authorization by the card issuer, along with any other conditions imposed by the issuer. If the issuer does not authorize payment, we will not accept your order and are not responsible for delays or non-delivery of goods.
7.6 Your card issuer may charge you a fee for using your card on our Website. Please check the terms and conditions of your card issuer carefully before submitting your payment details.
7.7 If we do not have sufficient stock of the goods, we will inform you via email or phone, and your iDEAL or credit card transaction will be canceled or refunded. We will do this as soon as possible and no later than 30 (thirty) days after the intended delivery date. We are not liable for any compensation if goods you ordered are unavailable for any reason.
7.8 We will validate the names, addresses, and other details you provide against commercially available registers. We may use third parties to assist in this. Information you provide may be disclosed to a registered credit reference agency, which may keep a copy of the information. When you place an order with us, you agree to such checks. Please also refer to our Privacy Policy regarding this. These measures are in place to protect you and ensure your shopping experience with us is as secure as possible.

8. RETURNS

8.1 If you change your mind:
You have a legal right to cancel the contract for any reason at any time within 14 days after the day on which you receive the goods. This is the statutory cooling-off period.
8.2 If you simply wish to exchange the goods you ordered, you must do so within 28 days after the day you received the goods.
8.3 To cancel, you must notify us in writing. This can be done via email or fax but not by phone. You must also keep the goods in acceptable condition, if possible, in their original packaging, and return them to us as soon as possible, and within 14 days after the day you received the goods. You can contact us via:
[Insert contact email or web form]
[Insert company address for returns]
8.4 You may also return the goods to one of our stores in the country of purchase, provided you paid by credit card or iDEAL. You must bring the delivery note as proof of purchase. However, we are not responsible for any applicable costs if you return goods to one of our stores.
8.5 We will refund you as soon as possible, but no later than 14 days after the day on which you notify us that you wish to cancel the order. We will refund the full price of the returned goods. If you cancel the contract within the statutory cooling-off period (within 14 days after you received the goods), we will also refund the standard delivery charge you may have paid when we sent the goods to you. Please note that if you return only some of the items and keep the rest, you may not be entitled to a refund of the delivery charge.
8.6 Please also note that if you decide to return the goods to one of our stores rather than sending them back to us, the store will not be able to refund any delivery charge, even if you are entitled to it. This will be handled separately upon your request. Please contact us at [Insert email] for the refund of delivery charges.
8.7 If something goes wrong:
We warrant that the goods we supply will be of satisfactory quality and fit for the purpose for which goods of that kind are usually supplied.
8.8 If you return goods to us for reasons other than changing your mind, we will inspect the goods and either replace them or refund the full purchase price if we accept that there is a manufacturing or other defect in the goods. This is subject to you returning the goods to us in a reasonable time.
8.9 We will replace or refund the goods provided that the defect or fault is not caused by normal wear and tear, intentional or accidental damage, your negligence, or if you have failed to follow the product instructions or the goods have been misused, altered, or repaired without our consent. These refunds will also cover any shipping costs you paid and any costs you incurred in returning the goods to us. If we do not find any fault or defect, your right to a refund will be limited to the terms described in Clauses 8.1 to 8.6 above, although this does not affect your statutory rights. Subject to Clause 9 below, the remedy in this Clause 8.9 represents our full liability to you in relation to any claim regarding the goods, as far as the law allows us to limit our liability to you.
8.10 If you believe the goods are defective, you should stop using them before returning them to us. Nothing in these Terms affects your statutory rights. These are the rights granted to you by law, which cannot be altered by us.
8.11 If you want to return goods under Clause 8.9, you have the following options:
8.11.1 Return the goods to us in an unused, reasonable condition to the returns address in Clause 8.3; OR
8.11.2 If you paid by iDEAL or credit card, you can return the goods to one of our stores in the country of purchase, along with the delivery or shipping note as proof of purchase.
8.12 We aim to process your refund or exchange as soon as possible but will do so within 14 days after you return the goods to us. If you paid by iDEAL or credit card and choose to return the goods to one of our stores, any refund or exchange can be processed immediately in-store, except for the potential refund of delivery charges, which will be handled separately. Please contact us at [Insert email] for the refund of delivery charges. However, we reserve the right to send goods that you claim to be defective to our inspection team.
8.13 Finally, when returning goods to us because you believe they are defective or because you changed your mind, we ask that you return them to us via a traceable delivery method or courier service so that you have proof of shipment. We cannot be held responsible for goods that are lost or damaged in the post.

9. OUR LIABILITY

9.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY THAT WE ARE RESPONSIBLE FOR RELATING TO CONSUMER PROTECTION RIGHTS OR FOR OTHER MATTERS THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
9.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RELATION TO BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS SUBJECT TO THE LIABILITY, PAID BY YOU TO US, AND ANY FORESEEABLE LOSSES THAT ARE THE DIRECT RESULT OF OUR BREACH OF CONTRACT.
9.3 UNLESS OTHERWISE STATED, WE WILL NOT BE LIABLE FOR ANY INDIRECT OR SPECIAL LOSSES THAT OCCUR AS A SIDE EFFECT OR RESULT OF THE MAIN LOSS OR DAMAGE OR FOR ANYTHING THAT WE OR YOU COULD NOT REASONABLY ANTICIPATE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING, HOWEVER, THEY MAY OCCUR:
9.3.1 LOSS OF PROFITS;
9.3.2 LOSS OF INCOME OR REVENUE;
9.3.3 LOSS OF SAVINGS;
9.3.4 LOSS OF DATA;
9.3.5 LOSS OF USE OF MONEY.
9.4 Some of the items we sell are fashion items and may not be suitable for sports or other activities. You should therefore ensure that items are suitable for the kind of sport or activity for which you wish to use them.
9.5 If the content of the goods means you cannot return them by post, you will be responsible for the costs of the courier service. If you contact our customer service, we will try to provide you with an estimate of the courier costs.
9.6 We will typically refund the full purchase price, along with the standard shipping costs paid, within 28 days of receiving the returned goods or proof of shipment of the same. Please note that if you only wish to return some items, but keep the rest of your order, you may not be entitled to a refund of the shipping costs.
9.7 You must take care of the products before returning them to us. We may reduce the amount we refund if you have used, damaged, or otherwise diminished the residual value of the goods.

10. DELIVERY

10.1 We aim to deliver the goods within the timeframes set out on our Website. References to “working day” will mean any day of the week, except Saturdays, Sundays, and national holidays. However, time is not of the essence for delivery or performance, meaning we are not responsible for delivering goods outside these timeframes and are not liable for the consequences of delays. If we fail to deliver the goods within the specified timeframe, we will make all reasonable efforts to notify you by email and provide you with an updated delivery date. Our liability is capped according to Clause 9.2 above.
10.2 If goods are out of stock, we will notify you by email. If you order more than one product, we do not guarantee that all goods will arrive in one delivery, and we reserve the right to deliver in multiple shipments.
10.3 Ownership of the goods will only transfer to you when the goods are dispatched. The goods will be at your risk from the moment of delivery, and you must, therefore, take reasonable care of them.
10.4 If the goods or the quantity you receive do not match what you ordered due to our error, you must notify us by email or letter using the details in Clause 8.3 as soon as possible after receiving the goods and noticing the error. We will correct any error. We will also refund any costs you incurred in returning the incorrect goods to us. However, we ask that you contact us before arranging your return. Any goods you receive in error and wish to return must not be used by you.
10.5 Goods are delivered to the address you provide during the ordering process. However, delivery practices may vary depending on the carrier delivering the goods. You must provide a valid address for delivery. The delivery method we use may vary based on the number and type of goods. We will select the delivery method we consider most appropriate for delivering the goods. For further information on deliveries, please refer to the Delivery Information section of our Website.
10.6 We reserve the right to make alternative arrangements for deliveries, which will depend on the carrier we use to deliver the goods. This may include leaving the goods with a neighbor or in a safe place around your property.

11. OUR RIGHTS RELATING TO THE GOODS

All ownership rights, known as intellectual property rights, related to the goods, including all designs, trademarks, brand names, images, and logos, are and remain our property or that of our licensors. At no point will any rights to, ownership of, or interest in the intellectual property rights pass to you.

12. GENERAL

12.1 We will not be liable to you for failing to sell goods you wish to buy or for failing to meet any of our obligations under the contract or for any costs or liabilities you incur due to circumstances beyond our reasonable control, including but not limited to, force majeure, flood, fire, industrial disputes, shortages of materials or services from third parties, or terrorist attacks.
12.2 The contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express permission. We may transfer or assign our rights and obligations under the contract to third parties or designate them to assist us in fulfilling our obligations at any time, provided that this does not reduce our obligations to you.
12.3 If a court or another competent authority declares any clause of this contract invalid, the other clauses of this contract will remain in effect.
12.4 If either we or you at any time fail to act on the rights we have under this contract, it will not affect our right to enforce those rights in the future. If either of us chooses not to enforce a right, it will not affect any of the other rights either of us has.
12.5 This contract is subject to [country] law, and both we and you confirm that any dispute under or in connection with this contract will be resolved in the courts of [country].
12.6 We may amend these terms at any time without prior notice to you. Any changes will take effect immediately when they appear on the Website and will be deemed to be accepted by any person who uses the Website. If you have already placed an order that we have accepted, the contract will remain subject to the version of the terms in effect at the time you placed your order.
12.7 Any notices you send to us will be deemed delivered as follows, depending on how you send them:
12.7.1 On the day it is left, if you deliver the notice by hand; or
12.7.2 On the day it is posted, if you post the notice in accordance with the date on the receipt you receive from the post office; or
12.7.3 On the day it is properly sent via fax or email;
In each case, it must be sent to the address specified in Clause 8.3.
12.8 A person who is not a party to this contract will have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, meaning only we and you have rights under it. This does not affect the rights and remedies of any person who is not subject to this Act.
12.9 This contract is the entire agreement and understanding between us concerning its subject matter, and it will supersede any prior agreements, understandings, or arrangements, whether written or oral. We both acknowledge that neither of us has relied on any representations or promises made or implied, whether spoken or written, by the other, except for those specifically included in the contract on the Website.
12.10 We have a procedure for handling complaints and inquiries regarding our Website. Please contact us at:
[Insert contact information]

Company details

  • Company name: Petite Clay Studio
  • VAT number: 92015654
  • Address: Aleidisstraat 79E, 3021SG, Rotterdam
  • Country: The Netherlands