Terms and Conditions

Last Updated: October 12, 2023

Table of Contents:

1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Costs in Case of Withdrawal
8. Exclusion of the Right of Withdrawal
9. Prices
10. Conformity and Guarantee
11. Delivery and Execution
12. Duration Transactions: Duration, Termination, and Extension
13. Force Majeure
14. Courses and Training
15. Payment
16. Complaints Procedure
17. Disputes
18. Additional or Deviating Provisions
19. Liability

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Duration transaction: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
• Durable medium: Any means that allows the consumer or entrepreneur to store information that is addressed to them personally, in a way that enables future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: The option for the consumer to waive the distance contract within the cooling-off period.
• Model form: The model withdrawal form provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
• Distance contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
• Technology for distance communication: Means that can be used to conclude a contract, without the consumer and entrepreneur meeting simultaneously in the same space.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

COLORTONE
Boslaan 43
2132 RJ Hoofddorp
The Netherlands

Phone: +31 (0)23 792 04 18 (Monday to Friday from 10:00 to 18:00)
Email: info@colortone.nl
Chamber of Commerce number: 88541665
VAT identification number: NL8646677741B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced by a provision that approximates the original as closely as possible in mutual consultation.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or the dissolution of the agreement.

Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

• The price excluding taxes;
• Any shipping costs;
• The method by which the agreement will be concluded and which actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and performance of the agreement;
• The period for accepting the offer or the period within which the entrepreneur guarantees the price;
• The rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the used means of communication;
• Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
• The way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by him in the context of the agreement;
• Any other languages in which, besides English, the agreement can be concluded;
• The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance contract in the event of a long-term transaction.

Article 5 – The Agreement

The agreement is established at the moment the consumer accepts the offer and meets the corresponding conditions, subject to the provisions of paragraph 4.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good grounds, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to its execution.

The entrepreneur will, upon delivery of the product or service, provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• The visiting address of the entrepreneur's establishment where the consumer can submit complaints;
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information on warranties and existing post-purchase services;
• The data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

For product delivery:

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period commences on the day after receiving the product by the consumer or a pre-designated representative notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify this through the model form. After the consumer has indicated they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by providing proof of shipment.

If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is final.

For service delivery:

In the case of service provision, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, commencing on the day of entering into the agreement.

To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the maximum costs of return shipment are at the consumer’s expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been returned or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

• regarding accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has started with the consumer’s express consent before the cooling-off period has expired;
• regarding betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• they are the result of statutory regulations or provisions; or
• the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to typing and printing errors. No liability is accepted for the consequences of typing and printing errors. In the event of typing and printing errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may invoke under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or packaging;
• The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has provided to the entrepreneur.

With due observance of the provisions in paragraph 4 of this article, the entrepreneur will execute accepted orders with appropriate speed but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without incurring any costs. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from the aforementioned delivery times. Exceeding a delivery term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of a product proves impossible, the entrepreneur will make an effort to provide a replacement article. Clear and understandable notification of a replacement article will be given at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least in the same manner as they were entered into by the consumer;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specified duration.

In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified period of up to three months, if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Force Majeure

COLORTONE shall not be liable if, and to the extent that, its obligations cannot be fulfilled due to force majeure.

Force majeure is defined as any external cause, as well as any circumstance, which should not reasonably be at COLORTONE's risk. This includes, but is not limited to, delays or defaults by our suppliers, internet outages, power failures, email disruptions, malfunctions or changes in third-party technology, transportation difficulties, strikes, government actions, delays in supply, negligence of COLORTONE's suppliers and/or manufacturers, as well as auxiliary persons, staff illness, defects in auxiliary or transport equipment.

In the event of force majeure, COLORTONE reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances shall COLORTONE be obliged to pay any penalties or compensation.

If COLORTONE has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfill its obligations, it is entitled to separately invoice the delivered or deliverable part, and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply if the delivered or deliverable part has no independent value.

Article 14 – Courses and Training

For certain training sessions, an external educator is hired. Cancellation of such training sessions is not possible.

If you wish to cancel, the full amount will still be charged. However, it is possible to arrange a substitute participant.

Only fully paid bookings will be processed.

Article 15 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as described in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs made known to the consumer in advance.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

From February 15, 2016, consumers in the EU can also submit complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If the complaint is not already being dealt with elsewhere, the consumer is free to file the complaint via the platform of the European Union.

Article 17 – Additional or Deviating Provisions

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 19 - Liability

COLORTONE is not liable for damage to vehicles or other objects caused by incorrect use of the products. Furthermore, COLORTONE is not liable for any potential damage or consequences resulting from the incorrect use of professional products. Always read the instructions on the packaging before use and/or consult our website.