Terms of Service

OVERVIEW

Welcome to The Rainbow Potter.

The terms “I”, “me”, “my”, “we”, “us” and “our” refer to The Rainbow Potter, a business registered in the Netherlands. The Rainbow Potter operates this website and online store, including all related information, content, features, tools, products and services (the “Services”).

The Rainbow Potter is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when using this website or purchasing from The Rainbow Potter.

By visiting, interacting with or using the Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should not use the Services.

Nothing in these Terms limits any statutory consumer rights that cannot legally be excluded or restricted.

SECTION 1 - ACCESS AND ACCOUNT

You must have the legal capacity to enter into a purchase agreement in your country of residence.

When using the Services or placing an order, you may be asked to provide information such as your name, email address, billing information, payment information and shipping address.

You are responsible for ensuring that the information you provide is correct, current and complete.

If you create a customer account, you are responsible for maintaining the confidentiality of your account details and for activity carried out through your account.

SECTION 2 - OUR PRODUCTS

The Rainbow Potter sells handmade ceramics. Each piece is made individually and small differences in shape, size, colour, glaze, surface, pattern and finish are inherent to handmade pottery.

These variations are part of the handmade character of the work and do not constitute a defect.

I make every reasonable effort to photograph and describe products as accurately as possible. However, colours may appear differently depending on lighting, screen settings and the device used to view the website.

Measurements provided in product descriptions are approximate unless expressly stated otherwise.

Product descriptions, availability and collections may be changed or discontinued at any time.

Most pieces are one of a kind or made in very small quantities. Placing an item in your shopping cart does not reserve that item. A product may therefore become unavailable before checkout is completed.

Nothing in this section affects your statutory rights if a product is faulty, damaged or does not conform to the purchase agreement.

SECTION 3 - ORDERS

By placing an order, you make an offer to purchase the selected product or products.

An order is accepted when payment has been successfully processed and you receive an order confirmation, subject to availability and any circumstances that make fulfilment impossible.

In the unlikely event that an item is unavailable after an order has been placed, or if an obvious pricing or listing error has occurred, I will contact you as soon as possible and, where necessary, cancel and refund the affected item or order.

Please review your order and delivery details carefully before completing checkout.

If you notice an error after placing your order, contact me as soon as possible at info@therainbowpotter.com. I will try to help where possible, although changes cannot always be made once an order has been packed or shipped.

Your statutory cancellation and withdrawal rights remain unaffected.

Returns and refunds are governed by our Return & Refund Policy available on this website.

SECTION 4 - PRICES, TAXES AND PAYMENT

Prices displayed in the online store include VAT where required by applicable law.

Shipping costs, where applicable, are shown separately before you complete your purchase.

For deliveries outside the European Union, additional import duties, customs charges, taxes or handling fees may be charged by the destination country or shipping carrier. Unless explicitly stated otherwise at checkout, these charges are not included in the purchase price or shipping price and are the responsibility of the recipient.

Prices may change at any time, but changes will not affect orders that have already been accepted.

In the event of an obvious pricing or technical error, I reserve the right to correct the error and, where necessary, cancel the affected order and issue a full refund.

You agree to provide accurate and complete payment and billing information.

All payments are processed through the payment methods made available at checkout.

SECTION 5 - SHIPPING AND DELIVERY

Orders are shipped to the delivery address provided during checkout.

Please ensure that your shipping address is complete and correct. If you notice an error, contact me as soon as possible.

Estimated processing and delivery times may be provided on the website or during checkout. Delivery times are estimates and may be affected by circumstances outside my control, including delays by postal carriers, customs authorities, weather conditions or other unforeseen events.

For orders delivered to consumers, the risk of loss or damage remains with The Rainbow Potter until the goods have been physically received by you or by a person designated by you, except where applicable law provides otherwise.

If you independently instruct a carrier that was not offered by The Rainbow Potter, different rules may apply.

Additional information about shipping is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Unless otherwise stated, the content of this website belongs to The Rainbow Potter and is protected by applicable copyright, trademark and intellectual property laws.

This includes, but is not limited to, photographs, product images, artwork, designs, text, branding, logos, graphics and other original content.

You may use the website for personal and non-commercial purposes.

You may not reproduce, copy, distribute, publish, sell, modify or commercially exploit content from this website without prior written permission from The Rainbow Potter, except where permitted by law.

The name The Rainbow Potter, associated branding, original photography and original ceramic designs remain the intellectual property of their respective rights holders.

Shopify's name, logos and trademarks remain the property of Shopify and its respective affiliates.

SECTION 7 - OPTIONAL TOOLS AND SERVICES

The website may provide access to services, applications, payment systems or tools offered by third parties.

These third-party services may be subject to their own terms and privacy policies.

The Rainbow Potter is not responsible for the operation of third-party services beyond what is required under applicable law.

New features, applications or services may be added to the website from time to time and will also be subject to these Terms where applicable.

SECTION 8 - THIRD-PARTY LINKS

The website may contain links to websites or services operated by third parties.

I am not responsible for the content, accuracy, availability or practices of third-party websites.

If you visit a third-party website or purchase goods or services from another provider, your relationship with that provider is governed by its own terms and policies.

Nothing in this section limits any rights you may have under applicable law.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Rainbow Potter is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with The Rainbow Potter.

By using the Services, you acknowledge that Shopify is the ecommerce platform provider and is not the seller of the ceramic products offered by The Rainbow Potter.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, damages or liabilities arising solely from a purchase agreement between you and The Rainbow Potter.

Nothing in this section excludes rights or remedies that cannot legally be excluded.

SECTION 10 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy, available on this website.

Because the website is hosted by Shopify, Shopify processes certain personal information in order to provide and operate the ecommerce platform.

Information may also be processed by third-party service providers that are necessary to operate the website, process payments, fulfil orders, provide analytics or provide other functionality.

For more information about how personal data is collected and processed, please consult our Privacy Policy.

SECTION 11 - REVIEWS, COMMENTS AND FEEDBACK

If you voluntarily submit a review, comment, photograph, suggestion or other feedback to The Rainbow Potter, you confirm that you have the right to submit that material.

You must not submit content that infringes another person's intellectual property, privacy or other legal rights, or that contains unlawful, misleading, abusive or malicious material.

I reserve the right to remove content from the website where reasonably necessary.

Submission of feedback or a review does not automatically transfer ownership of your original content to The Rainbow Potter.

If I would like to use customer photographs or other customer-created content for promotional purposes beyond the context in which it was originally shared, I may request permission where appropriate.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the website may contain typographical errors, inaccuracies or omissions relating to product descriptions, measurements, prices, availability, shipping costs or delivery estimates.

I reserve the right to correct obvious errors and update information.

Where an error affects an order you have already placed, I will contact you where appropriate.

Nothing in this section removes or limits your statutory consumer rights.

SECTION 13 - PROHIBITED USES

You may use this website only for lawful purposes.

You must not use the website:

• for unlawful, fraudulent or malicious purposes;

• to infringe intellectual property rights;

• to transmit viruses, malware or other harmful code;

• to obtain unauthorised access to the website or associated systems;

• to collect personal information about others unlawfully;

• to send spam or unsolicited commercial communications;

• to impersonate another person or organisation;

• to interfere with the security or proper functioning of the website;

• to scrape, systematically copy or commercially exploit website content without permission where such restriction is permitted by applicable law.

I reserve the right to restrict access to the Services where their use violates these Terms or applicable law.

SECTION 14 - AUTOMATED SYSTEMS AND AGENTS

Automated tools, bots, agents, scraping systems and similar technologies may not access or interact with the Services in a way that:

• interferes with the operation or security of the website;

• circumvents technical restrictions;

• attempts to bypass CAPTCHAs or other access controls;

• unlawfully collects personal information;

• copies or exploits protected website content contrary to applicable law.

Legitimate search engines and other automated services operating in accordance with applicable law and accepted technical standards are not prohibited by this section.

SECTION 15 - SUSPENSION OR TERMINATION

I may suspend or restrict access to the Services where reasonably necessary, including in cases of fraud, abuse, unlawful activity, security threats or serious violations of these Terms.

Termination or restriction of access does not affect rights and obligations arising from purchases already made.

Any provisions that by their nature should continue after termination will remain applicable.

SECTION 16 - WARRANTIES AND CONSUMER RIGHTS

Nothing in these Terms excludes or limits any statutory guarantee, warranty or consumer right that applies to your purchase.

The Rainbow Potter is responsible for ensuring that products supplied to consumers comply with the purchase agreement and applicable consumer protection law.

Because the ceramics are handmade, natural variations in colour, glaze, dimensions, shape and surface may occur. Such variations do not constitute defects where they are consistent with the product description and the handmade nature of the item.

Information on this website that does not form part of a product description is provided for general informational purposes.

SECTION 17 - LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, these Terms do not limit liability for intentional misconduct, gross negligence, death or personal injury where liability cannot legally be excluded, or statutory consumer rights.

To the extent permitted by applicable law, The Rainbow Potter is not responsible for indirect or consequential loss that was not reasonably foreseeable at the time the purchase agreement was entered into.

The Rainbow Potter is also not responsible for losses resulting from misuse of a product, failure to follow reasonable care instructions, or circumstances outside reasonable control, except where applicable law provides otherwise.

SECTION 18 - YOUR RESPONSIBILITIES

You agree to use the Services lawfully and in accordance with these Terms.

You are responsible for information you provide through the website and for ensuring that you have the necessary rights to provide any content submitted by you.

You may be responsible for losses directly caused by your unlawful use of the Services or your material breach of these Terms, but only to the extent permitted by applicable law.

Nothing in this section creates liability beyond what may lawfully be imposed on a consumer.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

SECTION 20 - ENTIRE AGREEMENT AND WAIVER

These Terms, together with the policies referred to on this website, form the agreement governing your use of the Services and purchases from The Rainbow Potter.

A failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

Nothing in these Terms overrides mandatory rights granted to consumers by applicable law.

SECTION 21 - TRANSFER OF RIGHTS

You may not transfer your rights or obligations under these Terms where doing so would materially affect the rights of The Rainbow Potter without prior agreement.

The Rainbow Potter may transfer rights or obligations relating to the operation of the business where permitted by law, provided that doing so does not reduce your statutory consumer rights.

SECTION 22 - GOVERNING LAW

These Terms and purchase agreements with The Rainbow Potter are governed by Dutch law.

If you are a consumer residing in another country, this choice of law does not deprive you of mandatory consumer protection rights that apply to you under the law of your country of residence.

Any disputes will be handled by the competent court in accordance with applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience and do not affect their interpretation.

SECTION 24 - CHANGES TO THESE TERMS

The current version of these Terms is available on this website.

I may update these Terms from time to time, for example to reflect changes to the website, Services or applicable law.

Changes will apply from the date the updated Terms are published unless otherwise stated.

The Terms that applied when you placed an order will continue to govern that purchase where required by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

The Rainbow Potter
Lindeseweg 27
7251 NJ Vorden
The Netherlands

Email: info@therainbowpotter.com
Telephone: +31 6 28109315

Chamber of Commerce (KvK): 08152385
VAT identification number: NL001377340B31