General Terms & Conditions of Sale
The current version of these General Terms & Conditions of Sale is applicable to all offers, orders and deliveries of products sold in the online shop of RAK Porcelain Europe SA, hereinafter “RAK Porcelain”. Any terms and conditions that are contrary to those established herein shall be excluded, except in the case of individual agreements or if a formal written confirmation is provided. By placing and confirming your order, you accept these General Terms & Conditions of Sale.
2. Characteristics of the products offered
The products and services offered are those shown on the webshop.rak.lu website. Precautions and recommendations for use are available under the following link: https://webshop.rak.lu/en/about/precautions-for-use.chtml.
The photographs provided are as accurate a representation as possible of the products on sale, but an exact likeness cannot be guaranteed, especially in terms of colour.
3. Ordering, payment and delivery
Creating a customer account
Ordering through the site requires prior registration to create a RAK Porcelain customer account. To this end, customers shall fill out the registration form available directly on the site and choose a user name associated with a valid email address and a password. Customers shall undertake to keep this information strictly confidential and shall refrain from disclosing it to third parties, in order to avoid any unauthorised use of their customer account. RAK Porcelain shall not be held liable for any unauthorised use of the customer account by a third party who may have had access to the customer’s user name and associated password, through no fault of RAK Porcelain, and particularly if the user name and password have been disclosed to a third party by the customer or due to their negligence.
If the customer is a business, they shall tick the “I am a business customer” box on the form and their VAT registration number shall be required, as well as the name of the company in question.
Once the registration is complete, an activation email shall be sent to the customer at the email address provided.
The delivery address provided must be as precise as possible (building number, floor, digital code, etc.), so that the products can be delivered in the best conditions. RAK Porcelain shall not be held liable if delivery is not possible due to incorrect or incomplete information.
Logging into the site and accessing the customer account
For each order made through the website, customers are invited to identify themselves using their email address (by clicking on the “login” button). If customers lose or forget the password to their customer account, they can reset it and choose a new one by clicking on the “Forgot your password?” button and entering the email address provided for their customer account.
Online ordering process
Customers choose the product(s) that they would like to order and confirm their order by clicking on the “Add to my cart” icon.
Customers can click on the cart icon and the “View cart” button, which are always accessible on the website, to find a summary of the products chosen, their quantities and the total price of the order.
Once the products are in the cart and the customer has clicked on the “Buy” button, they shall choose the delivery address for their order and then click on “Buy” to view a summary of the order.
The website may require a minimum number of items to place an order.
Customers who have not yet logged into their customer account must do so to complete their order.
Online order validation
Customers must confirm their acceptance of these General Terms & Conditions of Sale by clicking on the relevant box after having read them, and they may then confirm their order by clicking on the “Confirm order” button.
Customers shall then indicate the payment method: either PayPal, by clicking on “Pay with PayPal”, or credit or debit card, by clicking on “Online payment”.
If customers choose to pay by PayPal, they shall be redirected to the secure site administered by PayPal and shall be required to log into their PayPal account.
If customers choose the “Online payment” option, they shall be redirected to the 3D Secure site administered by the secure online payment service company Six Payment Services, which accepts credit card payments (Visa, Mastercard and Maestro) as well as payments by Bancontact. For payments by credit card, customers must enter their card number, expiration date, name and the card verification code. For payments by Bancontact, they must either scan the QR code and follow the instructions in the mobile app or pay with a credit card that supports payments by Bancontact.
Customers will receive an email confirming their order at the email address specified in their customer space. This email is the final confirmation of the order and RAK Porcelain shall only be required to process the order once the email has been received by the customer. Customers should thus ensure that they have received the email and contact customer service by telephone or email at firstname.lastname@example.org in the event of any difficulties.
Customers cannot place an order when they are logged into their business account. They may only request a quotation. The cart will thus show the selected items without the respective prices. By clicking on the “Request for quotation” button, they can access a summary of their quotation request. Upon clicking on the “Confirm request for quotation” button, they will receive an email with a summary and proof of submission of their quotation request. Our sales department undertakes to process their request as soon as possible and potentially direct them to the distributor for the business network in their region.
Unavailability of products
If a product is unavailable, it will not be possible to order it and the item will be labelled as “sold out” on the website. Customers can then choose to receive an email alert informing them when the item is back in stock.
After the customer has received the order confirmation email and in the exceptional event that the item is unavailable, the customer shall be informed of this as soon as possible by email or telephone. The order shall then be cancelled and the total amount refunded. In this case, RAK Porcelain shall not be required to deliver the products in question.
The prices applicable to any order shall be those indicated on the price list in effect on the order date. Prices are stated in euros, including VAT, net of any taxes other than VAT, and including, but not limited to, all customs duties, fees or contributions, as well as any costs or charges. The applicable VAT rate may vary depending on the place of delivery for the products and according to the type of product.
The selling price and delivery costs, if applicable, shall be paid in full on placing the order.
RAK Porcelain reserves the right to verify the buyer’s creditworthiness as part of the ordering process.
Products are delivered by TNT Express, a FedEx Express Group company, at RAK Porcelain’s risk. Upon registration of the delivery with TNT, an automatic email is sent to the customer, specifying the parcel tracking number so that the customer can track the parcel directly.
Delivery costs are shown separately from the cost of the products. These costs are indicated as part of the ordering procedure, before the order is confirmed. Delivery is free of shipping and postage costs for orders delivered in Luxembourg, as well as for other countries when the total order price is greater than €50.00. For orders outside of Luxembourg totalling less than €50.00, shipping and delivery costs are variable and applicable according to the table below:
|Country of delivery||Delivery time in business days||Delivery costs for orders > €50||Delivery costs including taxes for orders up to €50 |
|Germany||5||Free of charge||5,90€|
|Austria||5||Free of charge||7,90€|
|Belgium||4||Free of charge||5,90€|
|Bulgaria||7||Free of charge||8,90€|
|Croatia||6||Free of charge||8,90€|
|Denmark||5||Free of charge||8,90€|
|Sain & Canary Islands||5||Free of charge||7,90€|
|Estonia||6||Free of charge||8,90€|
|Finland||6||Free of charge||8,90€|
|France (including Monaco)||5||Free of charge||5,90€|
|Greece||7||Free of charge||8,90€|
|Hungary||5||Free of charge||8,90€|
|Ireland||6||Free of charge||7,90€|
|Italy (including Saint-Marin)||5||Free of charge||7,90€|
|Latvia||6||Free of charge||8,90€|
|Lithuania||6||Free of charge||8,90€|
|Luxembourg||4||Free of charge||Free of charge|
|Netherlands||4||Free of charge||5,90€|
|Poland||5||Free of charge||8,90€|
|Portugal||6||Free of charge||8,90€|
|Czech Republic||5||Free of charge||8,90€|
|Romania||6||Free of charge||8,90€|
|Slovakia||5||Free of charge||8,90€|
|Slovenia||6||Free of charge||8,90€|
|Sweden||5||Free of charge||8,90€|
Products shall be delivered exclusively to an address specified by the buyer located in one of the above mentioned countries.
Delivery dates are only approximate and shall in no case be binding upon RAK Porcelain. No compensation shall be paid in the event of late delivery, except in cases of wilful misconduct or gross negligence.
Orders shall be delivered to the delivery address specified by the customer upon placing the order. Customers shall be solely responsible for the information duly provided during the ordering process and shall be exclusively liable for any delivery issues resulting from a lack of information provided when placing an order. If an issue arises in relation to the delivery and no solution is reached with the customer within a week, the parcel shall be returned to RAK Porcelain, which shall not be required to resend the parcel or provide a refund.
In the event of the recipient’s absence, a calling card shall be left in the recipient’s letterbox, specifying the contact details of the TNT branch that is in possession of the parcel in order to reschedule the delivery. If the parcel is not claimed by the customer within one week, it shall be returned to RAK Porcelain, which shall not be required to resend the package or provide a refund.
It is the customer’s responsibility to carefully verify the condition and quality of the products upon their arrival, as well as their conformity with the delivery note and the lack of any visible defects. If the packaging is damaged, the customer must reject the delivery and notify RAK Porcelain by submitting a complaint.
If it is not possible to reject the goods or detect non-compliant or missing products upon delivery of the goods, the customer shall submit a complaint within a reasonable period of 24 hours after the delivery.
Any complaint related to an order must be submitted via a complaint form, which is available for each order placed within the past 30 days. It is available in the customer space under “my orders” and can be accessed by simply clicking on the “Complaint” button. Customers shall provide all the information required to complete the process, including the submission of photos if applicable.
4. Right to cancel
If the customer is a consumer they have the right, in accordance with legal provisions applicable in the European Union, to cancel their order without needing to provide any justification. In order to comply with the laws in effect in each country of delivery, we have set a 15-day cancellation period. Such period shall begin on the date on which the customer or a third person designated by the customer takes possession of the goods; or, in the event of a partial delivery, the date on which they take possession of the last partial delivery or the last part.
To exercise their right to cancel, customers shall inform us of their decision to cancel the order within the established time period. For such purpose, they shall use the complaint form under “my orders” in their customer account, which is available for each order placed within the past 30 days . We shall then email to the customer a confirmation of receipt of such cancellation as soon as possible.
All products shall be returned within 14 days after the customer has been notified and has exercised their right to cancel. The products in question shall be shipped in their original packaging, at the customer’s expense and under their responsibility.
Once the products have been received and inspected, the customer shall be given a refund for the amount of the order, including delivery costs if applicable, within 7 days of their receipt. We shall use the same method of payment as in the initial transaction for such refund, unless expressly agreed otherwise. We may deny a refund if the products are damaged or the cancellation period has expired.
5. Warranty and liability
RAK Porcelain shall not be held liable in any way in the event of non-compliance with its obligations if such non-compliance is due to causes attributable to the customer, an unforeseeable and insurmountable problem caused by a third party to the agreement, or a case of force majeure. Examples of cases of force majeure include, but are not limited to, strikes, bad weather (rain, snow, ice) traffic jams or issues, fire, attacks, etc.
RAK Porcelain shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including service disruptions, external intrusions, the presence of computer viruses, fraudulent credit card use, etc.
We use our best efforts to provide accurate and detailed information in relation to the products. However, differences between product photos and the products delivered are possible. RAK Porcelain undertakes to ensure the conformity of the delivered products with the respective order.
6. Intellectual property
The purchase of products from RAK Porcelain does not grant customers any right over the brands belonging to RAK Porcelain or third parties. Therefore, customers shall not have any rights over the brands, patents, designs and models, trademarks, copyrights, software or any written or electronic documents of RAK Porcelain.
Products are sold to consumer customers as end consumers. Therefore, the resale, use or transformation of products for any commercial use is strictly prohibited without the prior written consent of RAK Porcelain.
7. Intellectual property rights
All website components, whether visual or audio, including underlying technology, are protected by intellectual property rights, and the customer acknowledges that such rights are the exclusive property of RAK Porcelain or its suppliers.
8. Data protection
In addition to the clauses governed by these Terms & Conditions, RAK Porcelain undertakes to take all measures required to comply with applicable laws regarding the processing of the personal data entrusted to it by the customer, as well as the special clauses included in the specific agreement governing such processing.
9. Applicable law
These Terms & Conditions and all non-contractual obligations resulting from or related to them shall be governed and interpreted in accordance with the laws of the Grand Duchy of Luxembourg.
Any disputes resulting from or related to these Terms & Conditions shall be submitted to the Court of Luxembourg.
10. Legal notice
RAK Porcelain Europe S.A.
440, Z.A.E. Wolser F
Phone : +352 26 36 06 65
Email : email@example.com
M. Claude Peiffer
Registration with the Trade and Companies Registry (L)
RAK Porcelain Europe S.A. - B111085
VAT Registration (L)
Rak Porcelain Europe S.A. – LU20840455
Operating licence (L)
RAK Porcelain Europe S.A. – 00135177
Authorisation issued by the General Directorate for Small and Medium-Sized Enterprises of the Ministry of Economy of Luxembourg.