Terms and Conditions with Customer Information
- Conclusion of contract
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Color GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or an entrepreneur (hereinafter referred to as "Customer") with the seller with regard to the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer to the seller by e-mail.
2.3 The seller can accept the customer's offer within five days,
- by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
- by asking the customer to pay after submitting his order.
If more than one of the alternatives mentioned above apply, the contract will be concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and sent to the customer in text form (eg e-mail , Fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account with the corresponding login details.
2.5 Prior to placing the order on the seller's online order form, the customer can identify possible typing errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the order process.
2.6 For the conclusion of the contract the German, English and French language are available.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers have a right of withdrawal.
3.2 For further information on the right of revocation, please refer to the revocation instruction of the seller.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including VAT. If applicable, additional delivery and shipping costs are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and Shipping Conditions
5.1 The delivery of goods shall be made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the carrier sends the goods back to the seller, as it was not possible to deliver to the customer, the customer will bear the costs of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs in case of effective exercise of the right of withdrawal by the customer the provision made in the cancellation policy of the seller applies.
5.3 Pickup is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance shipment, he reserves the right of ownership of the delivered goods until full payment of the purchase price due.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory warranty shall apply.
7.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the online shop of the seller and only within the specified period.
8.2 Individual products may be excluded from the promotion provided that such restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one promotional voucher per order can be redeemed.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be used to settle the difference.
8.7 The value of a promotional voucher will neither be paid in cash nor bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for with the promotional voucher fully or partially as part of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The seller can ship with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
9) Applicable Law
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's registered office.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
11.2 The seller is not required to participate in a dispute settlement procedure before a consumer dispute resolution body, but is generally prepared to do so.