TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
Welcome to COLORSxSTUDIOS who operates its media offerings and store under www.colorsxstudios.com.
The following terms and conditions (“Terms & Conditions”) apply to the offerings (including goods) and services as provided by COLORSxSTUDIOS GmbH, Nalepastrasse 18, 12459 Berlin, Germany (“COLORS”, “we”, “us”,“our”) under www.colorsxstudios.com including all websites, software and functionalities and all content available with the service ( “Offering”, “Service” and / or “Website”) to our customer (“you”, “your”).
In addition to these Terms & Conditions, the Privacy Policy applies.
We reserve the right, from time to time, with or without notice, to change these Terms and Conditions at our sole discretion, and the latest version will appear on the Service with the date that it was last updated.
A) GENERAL TERMS
1. Copyright
Contents published on our Websites are subject to copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission by us. The commercial use of our contents without permission of the originator and us is prohibited.
2. Liability for Content
As service providers, we are liable for own contents of these Websites according to Sec. 7, paragraph 1 German Telemedia Act (§ 7 TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
3. Liability for Links
Our Websites include links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites and content are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the inclusion of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
B) TERMS AND CONDITIONS FOR THE SHOP
The following terms apply to the online store (“Shop”, “Website”) as provided under www.shop.colors-studios.com and operated by us.
1. General
All orders placed by you in the Shop via the Website as well as our deliveries and services are governed exclusively by the Terms & Conditions as set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
2. Contracts
1. The language available for our contracts is English.
2. The presentation of products on our Website does not constitute any offer by us for a purchase contract.
3. By submitting the order form provided on our Website to us, you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “Pay Pal” or „Pay with card“.
4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
5. A purchase contract between you and COLORS will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
6. COLORS has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
3. Withdrawal of the contract
The withdrawal policy hereunder applies solely to consumers under § 13 BGB (BGB is the German Civil Code of Law). Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.
WITHDRAWAL POLICY
You have the right to withdraw from this contract within 14 (fourteen) days without stating a reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party indicated by you, who is not the carrier and acquires, physical possession of the last good hereunder (in case of several goods ordered in one order but delivered in several instalments. To exercise your right to withdraw your order, you have to inform us, COLORSxSTUDIOS c/o Moodja, Straße der Einheit 142-148 14612 Falkensee, shop@colorsxstudios.com, by sending us an explicit declaration stating that you are withdrawing your contract of purchase (for example: by sending us a letter in the regular mail, fax, or an email). You may use the withdrawal template that is attached; however, it is not mandatory to use this template.
It will suffice to send us your notification of withdrawal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
CONSEQUENCES
If you withdraw your contract of purchase, we are obligated to refund all payments that we have received from you, excluding shipping costs immediately and within 14 (forteen) days at most, effective the day that we receive your repeal.
The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.
The items have to be sent back to us immediately and no later than 14 (forteen) days after the date on which you communicate your withdrawal from this contract to us. .
The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of advisory
MODEL WITHDRAWAL FORM
(COMPLETE AND RETURN THIS FORM ONLY IF YOU WISH TO WITHDRAW FROM THE CONTRACT)
- TO:
COLORSxSTUDIOS
c/o Moodja, Straße der Einheit 142-148
14612 Falkensee
EMAIL: help@colorsxstudios.com
- I/WE (*) HEREBY GIVE NOTICE THAT I/WE (*) WITHDRAW FROM MY/OUR (*) CONTRACT OF SALE OF THE FOLLOWING GOODS (*)/FOR THE PROVISION OF THE FOLLOWING SERVICE (*),
- ORDERED ON (*)/RECEIVED ON (*),
- NAME OF CONSUMER(S),
- ADDRESS OF CONSUMER(S),
- SIGNATURE OF CONSUMER(S) (ONLY IF THIS FORM IS NOTIFIED ON PAPER),
- DATE
___________
(*) DELETE AS APPROPRIATE.
4. Voluntary returns right
1. In addition to your legal right of return, COLORS also offers the following voluntary right of return:
All of the items featured on shop.colors-studios.com can be returned to COLORS within 30 days of receipt. The voluntary right of return only applies to non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags attached.
2. Return shipments
2.1. All return shipments will be at your expense.
2.2. In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded.
2.3. Please send all returns to:
COLORSxSTUDIOS,
c/o Moodja GmbH
Straße der Einheit 142-148
14612 Falkensee
Germany
2.4. If you have questions regarding our returns policy, please contact our customer service:
email: customer@colors-studios.com
This voluntary right of return does not limit your legal rights nor does it limit your right to the above-mentioned cancellation policy.
5. Prices; product presentation; availability; Gift Card; promotion code
1. The prices agreed between you and us apply only for the scope of delivery and service in our respective shipping confirmation. Any additional or special performances will be charged separately.
2. The goods offered at shop.colors-studios.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.
4. Promotion Code
1. Promotion codes have different time periods of validity and are applicable for purchase of any product available on the Website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.
2. Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of COLORS, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.
3. COLORS cannot be held responsible for any fraudulent or non-authorised uses of promotion codes.
4. COLORS reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by COLORS in the case of cancelling or blocking the promotion code.
5. Return policy for orders purchased using a promotion code:
If you make use of your legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.
5. Customs and Duties, Import Value-Added Tax
If you have your domicile outside Germany and the subject of the delivery is therefore imported into another country, customs and duties or import value-added tax are collected on which we have no influence and the amount of which we cannot assess in advance. Such customs or import duties or import value-added taxes are to be borne by you and will not be assumed by us. You should liaise with the competent customs office for more information about the customs, import duties, or import value-added taxes arising in the individual cases, because customs regulations vary from country to country. As an importer, you must comply with the respective local regulations. We reserve the right to simplify the customs procedures by making statements about the value in the package towards customs. Customs is, however, also entitled to open packages for the sake of simplicity. We have no influence in respect of this.
6. Storage of contract data
We store your order data for performing any sale hereunder. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will appear on your screen once you have submitted your order to us by clicking the “Pay Pal“ or „Pay with card” button and your credit card details have been verified.
In addition, you will receive an email order confirmation stating all details entered.
The order processing is done with the help of automatic data processing. We collect, process, and use personal data of you in the scope of order processing. For order processing we may transmit the personal data of you to third parties that may have their domicile outside of the EU (for example, service providers in the USA). Further information about the kind, scope, and purpose of the collection, processing, and use of the personal data of you is contained in our Privacy Policy.
7. Shipping & dispatch
Insofar as not expressly otherwise agreed in writing, we are free to choose the kind of packaging and the shipping entity according to our discretion.
2. The goods will be ready for dispatch after the business day following your order. Unless agreed otherwise, based on experience, delivery will be made within 1 to 5 business days (Germany and EU) or 2 to 14 business days (rest of world) to the shipment address specified by customer, depending on the place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.
3. Based on experience, deliveries to countries liable to customs duties take 2 to 14 business days. Please note that DHL will charge all import sales taxes, customs duties and handling charges separately for each country. Please note that you will be responsible for any banking charges as may be incurred in foreign countries. In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.
The risk of accidental loss and accidental deterioration is transferred to you at the latest with receipt of the goods by the you.
9. Payment; default in payment; setoff; right of retention
1. Accepted methods of payment
Please pay for your order by:
PayPal
Visa
Master Card
American Express
All payments and credit notes will be handled in the currency chosen for the purchase.
2. Payment using a promotion code
When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on “add code” in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.
3. Set-off
The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
4. Right of retention for commercial transactions
In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.
10. Retention of title
The goods delivered remain property of COLORS until full payment has been made.
11. Inquiries, complaints
For any inquiries about your order or complaints, please contact our Customer Care Team:
email: help@colorsxstudios.com
12. Warranty
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 12 below.
13. Liability
1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper performance of the contract and whose fulfillment customer could reasonably rely upon (“essential obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.
4. Any exclusion or limitation of the liability of COLORS shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
14. Dispute Resolution
Alternative dispute resolution pursuant to Art. 14 (1) of the ODR Regulation and § 36 of the German Act on Alternative Dispute Resolution in Consumer Matters
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/.
We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.
15. Governing law, severability
1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.