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TERMS and CONDITIONS COLORDEAL BV, as used by members of Stichting WebwinkelKeur
Article 1 - DefinitionsArticle 2 - Identity of the entrepreneurArticle 3 - Scope of applicationArticle 4 - The offerArticle 5 - The agreementArticle 6 - Right of withdrawal/ReturnsArticle 7 - Costs in case of the right of withdrawal/ReturnsArticle 8 - Exclusion of the right of the withdrawalArticle 9 - The priceArticle 10 - Compliance and guaranteeArticle 11 - Delivery and executionArticle 12 - PaymentArticle 13 - Complaints procedureArticle 14 - DisputesArticle 15 - Additional or different terms
Article 1 – Definitions
The terms used in these general terms and conditions are defined as follows:1. Cooling - off period: normally the period during which the customer can make use of his right of withdrawal, however since this website is exclusively meant for businesses, the cooling-off period is not applicable. (see also point 6)2. Customer: the natural person acting in the course of a profession or a business that enters into a distance contract with the entrepreneur;3. Day: calendar day; 4. Duration transaction: a distance contract concerning with a series of products and / or services, whose supply and / or purchase is spread in time;5. Durable medium: any storage device that allows the customer or the entrepreneur to store information provided to him personally to be stored in a way that future consultation and unaltered reproduction of the information is made possible. 6. Right of withdrawal: the possibility for a customer to opt out of the distance contract. However this option is not applicable for this website given the business-only nature of this website. 7. Entrepreneur: the natural or legal person who offers products and / or services to customers at a distance; 8. Distance contract: a contract which is concluded within the framework of an organized system for the entrepreneur, with the use of one or more means of distance communication9. Technology for distance communication: means that can be used to conclude a contract, without the customer and the entrepreneur being simultaneously present in the same location.10. Terms and Conditions: these general Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
ColorDeal.com BV.Havinghastraat 301817DA Alkmaar The NetherlandsTelephone : +316 5141 7522E-mail : email@example.comCoC : 69143692BTW : NL 857752844B01
Article 3 - Scope of application
1. These Terms and Conditions apply to every offer of the entrepreneur and any distance agreement or order between the entrepreneur and the customer. 2. Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the customer in such a way that it can be easily stored on a durable data carrier by the customer. If this is not reasonably feasible then the entrepreneur will indicate that, before the distance contract is concluded, the Terms and Conditions can be reviewed at his location, and that on request of the customer they could be sent to him free of charge.3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available to the customer by electronic means in such a way that the customer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions by electronics means can be found and that otherwise, at the customer’s request, they will be sent to him via email free of charge. 4. If in addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the customer can, in the event of conflicting terms and conditions, always relay on the applicable provision that is most favourable to him. 5. When one or more provisions of these conditions become void or are destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions remain inforce and the relevant provision will be replaced by a provision that covers the original as much as possible. 6. Situations that are not governed in these Terms and Conditions, should be assessed ‘in the spirit’ of these terms and conditions.7. Lack off clarity about the interpretation or the content of one or more provisions of our Terms and Conditions, must be explained inline with ‘ the spirit ’ of these Terms and Conditions.
Article 4 - The offer
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.2. The offer in the web shop is without obligation. The entrepreneur is entitled to change and adapt the offer.3. The offer contains a complete and accurate description of the products/services offered. The description is as sufficiently detailed as possible for a proper assessment of the offer by the customer. If the entrepreneur uses illustrations, these are a true reflection of the products/services offered. 4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.5. Images of products are a true and fair view of the products offered. Entrepreneur can however not guarantee that the online displayed colours exactly match the true colours of the live products.6. Every offer will contain such information that it is clear to the customer what his rights and obligations are for accepting the offer. This concerns in particular:• The price excluding taxes and the price including taxes where applicable;• The amount of any shipping costs;• The way in which the contract shall be concluded and which actions this will require;• Whether or not the right of withdrawal applies;• The arrangements for payment, delivery and performance of the contract or order;• The deadline for accepting the offer, or the period within which the entrepreneur guarantees the offered price;• The rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;• Whether the agreement is filed subsequent to its conclusion, and if so how the customer can consult it;• The way in which the customer can check and, if desired, restore the information provided by him under the agreement before the conclusion of the agreement.• Any other languages in which, in addition to English, the agreement can be concluded;• The Codes of Conduct to which entrepreneur has been subject and the manner in which the customer can consult these codes of conduct by electronic means;• The minimum duration of the distance agreement of a duration transaction.• Product liability always remains with the manufacturer• Colordeal.com BV only supplies products with a recent production date.• Colordeal.com only supplies original branded pigments (colorants) made by brand manufacturers.• The product and colour quality always stays with the manufacturer.
Article 5 - Conclusion of agreement
1. The agreement is, subject to the provisions of paragraph 4 of this article, concluded at the time that the customer accepts the offer and complies with the corresponding conditions.2. If the customer has accepted the offer electronically, the entrepreneur immediately confirms via electronic means the receipt and the acceptance of the order. As long as the entrepreneur has not confirmed the order, the customer may rescind or cancel the agreement free of charge.3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.4. The entrepreneur can-within the legal frameworks- inquire about the customer's ability to fulfil his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If this research provides the entrepreneur with good reasons not to enter into the agreement, he is entitled to refuse an order or demand special conditions.5. The entrepreneur will add to the product or service the following information, in writing or in such a way that the customer can store it on an accessible durable medium: a. the address of the place of business of the entrepreneur; b. the conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information on after-sales service and guarantees; d. the conditions in article 4 paragraph 3 of these recorded data, unless the entrepreneur has already provided the customer with this data before the implementation of the contract;e. the requirements for terminating the agreement if the agreement has a duration of more than one year or for an undetermined time.6. In the event of a duration transaction the previous paragraph applies only to the first delivery. 7. Any agreement or order is entered under the condition of sufficient availability of the products.
Article 6 - Right of ReturnsDelivery of products:1. Given the full business character of the ColorDeal.com website, the customer has no possibility of dissolving the agreement without providing meaningful reasons for the cancelation. 2. However, if the customer is dissatisfied with the product received, he must inform the entrepreneur on firstname.lastname@example.org within 24 hours of receipt of the product. The entrepreneur will then contact the customer as soon as possible. If an entrepreneur declares the complaint valid, the customer must return the product concerned within 5 days. The customer must prove that the goods delivered have been returned in time, for example by means of proof of shipment. 3. If the customer at the end of the statutory period mentioned in paragraph 2 of this article has not expressed that he wants to make use of his right of withdrawal or if the product has not been returned to the entrepreneur, the sale is a fact.
Article 7 - Costs in case of right of withdrawal/returns1. If the customer exercises his right of withdrawal/return, the costs involved are entirely on the account of the customer. 2. If the customer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 14 days after withdrawal/return. However, the condition that the product has already been returned is subject to consultation by the entrepreneur or closing proof of complete return.
Article 8 - Exclusion of the right of withdrawal/returnExcluded from the possibility of return are the following products:a) Products made by the entrepreneur according to customer specifications;b) Products whose seal already have been brokenc) Products which by their nature (for example, leaking cans and / or pouches) can not be returned;d) Products who have broken or are damaged by improper and / or incorrect use of the customer.
Article 9 - The price1. During the period mentioned in the offer, the prices of the offered products/services do not increase, except for price changes due to changes in VAT rates.2. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations. 3. Prices increases form 3 months after the contract was concludes are only allowed if agreed upon beforehand with the entrepreneur and:a. they are the result of statutory regulations or provisions; orb. the customer has the power to terminate the contract on the day on which the price increase takes effect.4. All prices mentioned are exclusive of VAT. 5. All prices are subject to press and misprint errors. No liability is accepted for the consequences of press and misprint errors. In case of errors and/or mistakes, the entrepreneur is not required to deliver the product according to the wrong price.
Article 10 - Compliance and warranty1. The entrepreneur guarantees that het products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the on the date of the conclusion of the agreement existing legal provision and/or Government regulations. If agreed the entrepreneur also states that the product is suitable for other than normal use. 2. A warranty by the entrepreneur, manufacturer or importer does not alter the legal rights and claims that the customer can assert under the agreement with the entrepreneur. 3. Any defects or wrong products delivered must be reported in writing to the entrepreneur within 24 hours after delivery. Return of the products must be made in the original packaging and in new state. 4. The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products. 5. The guarantee does not apply if:a. The delivered goods have been repaired and/or modified by third parties and/or the customer;b. The delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;c. The inferiority in whole or in part is the result of rules that the government has imposed or will impose about the nature or quality of the materials used.
Article 11 - Delivery and execution order
1. The entrepreneur will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.2. The place of delivery is the address that the customer has submitted to the entrepreneur. 3. Accepted orders will be sent promptly but no later than 30 days after order message, unless the customer has given permission that a longer delivery period is complied with. If delivery is delayed, or if an order is not or only partially carried out, the customer will receive a message and has the right to terminate the contract without penalty.4. All delivery times are indicative. Exceeding a term gives customers no right to compensation.5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the customer has already paid as soon as possible but no later than 14 days after dissolution.6. If delivery of an ordered product proves impossible, the entrepreneur will inform the customer that a replacement product will be delivered. At the latest when the delivery is made, it will be reported that a replacement article is delivered. 7. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the customer or a pre-designated representative, announced to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Payment1. Unless otherwise agreed, the amounts owed by the customer shall be paid immediately by the customer.2. Orders will only be delivered if the entrepreneur has received the payment on his bank account. 3. Credit card payments are accepted only with the exception of the right of charge back.
Article 13 - Complaints procedure1. The entrepreneur has a complaints procedure and handles complaints by filling out the complaints procedure.2. Complaints about the performance of the contract or an order should be fully and clearly described and submitted to the entrepreneur within 24 hours after the customer has found the flaws.3. Complaints are handled within 7 days from the date of receipt. If a complaint requires longer processing time, the entrepreneur will, within the period of 7 days, reply with a message of receipt and an indication when the customer can expect a more detailed answer.4. If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution arrangement.5. For complaints that cannot be solved in joint consultation, the customer has the possibility to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl). Stichting WebwinkelKeur will mediate for free. If there is no solution after the mediation, the customer has the possibility to submit the complaint to Stichting GeschilOnline, the decision of Stichting GeschilOnline is binding. The customer and entrepreneur agree with this binding decision. The submission of a dispute to this arbitration committee is not for free. The customer must pay the costs of the arbitration. Furthermore residents living in the EU can use the European Dispute resolution platform to submit a complaint in order to reach an out-of-court settlement. This platform is available on (http://ec.europa.eu/odr), but we would advice to contact Stichting WebwinkelKeur first.6. A complaint does not suspend the entrepreneur of his obligations, unless the entrepreneur has indicated otherwise in writing.7. If a complaint is found to be well founded by the entrepreneur, the entrepreneur has the option to either replace or repair the delivered goods.
Article 14 - Disputes1. Under agreements between the entrepreneur and the customer to which these terms and conditions apply, only Dutch law applies. Even if the customer is resident abroad.2. The Vienna Sales Convention shall not apply.
Article 15 - Additional or different termsAdditional derogations from these general terms and conditions must not be to the detriment of the customer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by customer.
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