Terms
Terms and conditions for private customers.
They apply to every quote, order and delivery from Van Clay. This is the English translation; the original Dutch text is in the PDF with your quote.
01Who we are
Van Clay is a trading name of Atelier Penha BV, Mallekotstraat 73/5, 2500 Lier, company and VAT number BE 0791.987.875, RLE Antwerp, Mechelen division. You can reach us at hi@vanclay.be or +32 475 97 02 97. These terms apply to every quote, order and delivery from Van Clay to a private customer. Anything agreed in the quote takes precedence over these terms.
02Quote and order
A quote is valid for 30 days. All prices include 21% VAT. Your order becomes final once you have accepted the quote in writing (signed, approved online or by email) and the deposit has been paid. Anything not stated in the quote is not included. By accepting the quote, you also accept these terms.
03Bespoke work and drawing
We make every table to your dimensions, shape, base and colour. Before production starts, you receive a technical drawing. Once you have approved it, the dimensions on that drawing are binding. Deviations of up to 2 cm in length and width and up to 1 cm in height are inherent to handwork. A change after approval is only possible by mutual agreement and may affect the price and the delivery time.
04No right of withdrawal
Because every table is made to your specifications, the statutory 14-day right of withdrawal does not apply (Code of Economic Law, Book VI). This also applies if you order via Instagram, WhatsApp, email or telephone.
05Mortex, a handcrafted finish
We apply Mortex by hand, in several layers. As a result, every table is unique. Subtle nuances, small specks, veining and slight differences in texture are inherent to Mortex and do not constitute a defect, damage or deviation from the order. The physical sample on which you choose your colour is the reference. A screen or photo never shows colours exactly.
06Price and payment
When you order, you pay a deposit of 50%. Production starts once the deposit has been received and you have approved the drawing. You pay the balance on delivery, on site, after we have checked the table together, via the QR code on the invoice or by instant bank transfer. Until the table has been paid in full, it remains the property of Atelier Penha BV.
07Cancellation
If you cancel after placing your order, the deposit remains payable as fixed compensation. By then, materials and scheduling for your table have been committed, and we cannot sell a made-to-measure table to anyone else. If we cancel without force majeure, we will refund your deposit plus an equal amount.
08Delivery time
We usually deliver within 3 weeks of receiving the deposit and your approval of the drawing. We agree a fixed delivery date together. If that date cannot be met, we will let you know immediately and reschedule as soon as possible. If we also fail to deliver within a reasonable additional period that you give us in writing, you may terminate the order and we will refund everything you have already paid. Force majeure, or a delay caused by a change you request, extends the delivery time.
09Delivery and set-up
Delivery and set-up take place as stated in the quote: we bring the table inside, fit the base, level it and take the packaging away. The delivery prices apply to delivery to the ground floor. From the first floor up, we set the price in advance by mutual agreement, based on access. You must ensure that the table can be brought inside: clear access, doors, hallways, stairs and lift large enough, and parking close by. If extra help is needed, such as a ladder hoist or extra carriers, we discuss this in advance. If the delivery cannot go ahead on the agreed day for reasons on your side, or if bringing the table inside proves impossible, we charge a new delivery at the same price. If you collect from the workshop yourself, you bear the risk from the moment of collection. In the case of delivery, the risk passes to you as soon as the table is at your premises.
10Inspection and complaints
Inspect the table together with us on delivery and note any visible damage on the delivery note. A defect you discover later must be reported to hi@vanclay.be within 2 months of discovering it, preferably with photos. We will then work with you to find a quick solution.
11Guarantee
You are entitled to the legal guarantee of 2 years from delivery, for defects that were already present at delivery. Not covered: damage caused by improper use, heat such as a hot pan without a mat, acidic or harsh products, knocks, scratches, stains caused by lack of maintenance, and normal wear and tear. Maintain the table according to the care sheet you receive on delivery. Our tables are for indoor use, unless you order an outdoor version.
12Late payment
If you do not pay on time, you will first receive a reminder free of charge. If you then do not pay within 14 days, late payment interest is due at the statutory rate, together with fixed compensation of no more than €20 for an outstanding balance of up to €150, €30 plus 10% of the portion between €150.01 and €500, or €65 plus 5% of the portion above €500, up to a maximum of €2,000. If we are late in refunding an amount to you, you are entitled to the same compensation.
13Ownership
The table remains the property of Atelier Penha BV until it has been paid in full. If the balance remains unpaid, we may take the table back after giving formal notice of default.
14Liability
In addition to the legal guarantee, we are liable for damage caused by our own fault, for example when bringing in or setting up the table. Indirect damage is excluded, except in cases of wilful misconduct or gross negligence. We never limit our liability for damage resulting from death or personal injury.
15Force majeure
In the event of force majeure, such as illness, a broken machine, extreme weather or a delay at a supplier, we will let you know immediately and reschedule, without compensation. If the force majeure lasts longer than 2 months, either of us may terminate the order, and we will refund what you have paid for anything not yet delivered.
16Privacy and photos
We use your data only for your order, the delivery, invoicing and the guarantee. We never sell or share it for advertising. You can request access or deletion via hi@vanclay.be. We only share photos of your table in your home with your permission, and never with your name or address.
17Disputes
If there is a problem, please contact us first: we would much rather resolve it together. If that is not possible, you can turn to the Consumer Ombudsman Service (consumentenombudsdienst.be). Belgian law applies. In the event of a dispute, the court designated by law has jurisdiction.