Last updated: 15/05/2025

General Terms & Conditions of Sale and Use Babau Ceramics

These General Terms & Conditions of Sale and Use are entered into by and between the sole trader Ioulia Chante, trading under the name Babau Ceramics, established in Malta, with principal place of business located at 332, Triq Il-Kbira San Guzepp, and VAT registration number 2882-8604(VAT Exempt) and any individual or legal entity wishing to make a purchase via the website www.babauceramics.com, hereinafter referred to as the “Customer”.

Introduction

Babau Ceramics creates handmade utilitaria ceramic pieces and sculptures in a studio based in Malta. All products and services are marketed and sold through the website or in retail points mentioned in www.babauceramics.com. The details and descriptions of these products and services are available on the aforementioned website.

These General Terms & Conditions (GTC) define the rights and obligations of the parties in connection with the online sale of goods and provision of services offered by Babau Ceramics.

General Provisions

These GTC apply to all sales made through the website and constitute a legally binding agreement between the Customer and Babau Ceramics. By placing an order, the Customer agrees to these terms in full, without limitation or reservation. Babau Ceramics reserves the right to amend these terms at any time by publishing a new version on the website. The applicable terms are those in force at the time of order confirmation. The Customer declares that they have the legal capacity to enter into contracts under Maltese law or represent a party that does.

Formation of Contract

The contract is concluded once the Customer has confirmed the order and completed payment. The steps include reviewing the product details, entering customer information, confirming the order, and completing secure payment. The Customer receives an email confirmation and receipt following the transaction. Records of the transaction are stored securely and may serve as legal proof.

Products and Services

Product descriptions, care instructions, and prices are clearly outlined on the website. Each piece is handmade; variations in size, colour, and finish are to be expected and do not constitute defects. If a product is unavailable, Babau Ceramics will notify the Customer promptly and offer a refund or an alternative.

Conformity and Defects

Products sold by Babau Ceramics must comply with Maltese consumer protection laws, including the Consumer Affairs Act (Chapter 378 of the Laws of Malta). Should a product be defective or non-conforming, the Customer may request an exchange or refund by contacting Babau Ceramics with supporting evidence. Items must be returned in their original packaging. Return shipping costs will be reimbursed where applicable.

Retention of Ownership

Ownership of goods remains with Babau Ceramics until full payment has been received.
In accordance with the Maltese Subsidiary Legislation 415.03 – Artists’ Resale Right Regulations, Babau Ceramics retains the right to claim royalties on the resale of original artworks. This right applies when a professional art market entity (e.g., galleries, auction houses, dealers) is involved in the resale of a work and the resale price exceeds €100.
The royalty percentage is calculated on a sliding scale as per the legislation.
Buyers and intermediaries involved in any qualifying resale are responsible for ensuring compliance with these legal obligations.

Delivery

Orders are delivered to the address provided during purchase. Preparation may take up to 10 working days, followed by postal transit. Babau Ceramics is not liable for delays caused by incorrect addresses or postal services. Risk transfers to the Customer upon delivery. For local collection, appointments must be scheduled in advance.

Availability

In the event of unavailability exceeding 30 working days, the Customer may cancel the order and request a refund or credit.

Prices

Prices for products and services are displayed in Euros (EUR) and are exclusive of VAT, in accordance with Maltese tax regulations applicable to micro-enterprises or exempt traders. Shipping costs are calculated based on total package weight and destination, and are clearly stated before order confirmation. For deliveries outside the EU, customs duties and local taxes may apply, and are the sole responsibility of the Customer.

Payment

Payment must be made upon order confirmation. Online transactions are processed via a secure payment gateway (e.g., Stripe). The Customer confirms they are authorised to use the chosen payment method. In case of payment failure, the order will be cancelled.

Right of Withdrawal

In accordance with Maltese consumer law, Customers may withdraw from the purchase within 14 days of receiving their order. This right does not apply to custom-made or personalised items. To exercise this right, Customers must contact Babau Ceramics in writing and return the goods in their original state. Return costs are borne by the Customer unless the item is faulty.

Legal Guarantee

In accordance with the Sale of Goods Act (Chapter 378 of the Laws of Malta), Babau Ceramics guarantees that all products conform to the contract of sale at the time of delivery. Customers may request a repair, replacement, or refund if an item is found to be defective or non-conforming upon receipt. Due to the artisanal and fragile nature of handmade ceramic pieces, this guarantee does not cover damage caused by misuse, accidents, improper handling, or normal wear and tear. Claims relating to defects or lack of conformity must be made within 2 months from the date of delivery, and in all cases within a maximum of two years from the date of delivery, as provided by law. To make a claim, the customer must contact Babau Ceramics in writing and, if required, return the item in its original condition and packaging. Return shipping costs are the responsibility of the customer. If the item is found to be defective or non-compliant, Babau Ceramics will offer a suitable remedy—repair, replacement, or refund—within 30 days of receiving the returned item, using the original payment method or another agreed method.

Complaints and Dispute Resolution

Any complaints should be directed to Babau Ceramics via email at babauceramics@gmail.com. If a resolution cannot be reached, the Customer may seek mediation or submit a complaint to the Office for Consumer Affairs under the Malta Competition and Consumer Affairs Authority (MCCAA).

Contract Termination

The Customer may terminate the contract by registered mail if delivery is late, the product is not as described, or the price is altered without consent. In such cases, a refund including legal interest may be claimed.

Intellectual Property

All content (text, images, designs, and trademarks) on www.babauceramics.com remains the intellectual property of Ioulia Chante unless stated otherwise in the credits, at the bottom of each page. Any unauthorised reproduction or use is strictly prohibited.

Severability and Amendments

Should any clause be deemed invalid, the remaining clauses remain effective. Modifications to the contract are valid only if made in writing and signed by both parties.

Data Protection

Personal data is handled in accordance with the EU General Data Protection Regulation (GDPR) and Maltese data protection laws. Data collected during purchases is used strictly for order fulfillment and customer communication. Customers have the right to access, rectify, or delete their data at any time, and may lodge complaints with the Information and Data Protection Commissioner (IDPC) in Malta.

Force Majeure

Babau Ceramics shall not be liable for failure to fulfil obligations due to events beyond its control, including natural disasters, strikes, or postal disruptions.

Applicable Law

These Terms & Conditions are governed by and construed in accordance with the laws of Malta. Any disputes shall be subject to the exclusive jurisdiction of the Maltese courts.