General Terms and Conditions

Article 1 – The Webshop

1.1 These are the general terms and conditions of:

Colors Store

A: Jan van Amstelstraat 48, 5262 CP Vught

T: +31 6 81 04 45 93

E: colorsstore.shop@outlook.com

KVK (Chamber of Commerce): 54356121

VAT: NL001750073B82

1.2 To keep these terms and conditions understandable, the following terms have a fixed meaning:

Consumer: The Customer who is acting for purposes that fall outside his trade or professional activity;

Right of Withdrawal: The right of a Consumer to dissolve a distance contract or an off-premises contractwithout giving any reasons, as referred to in Article 230o of the Dutch Civil Code;

Customer: Anyone (including legal entities) who concludes an Agreement with the Webshop;

Agreement: Any contractual relationship between the Webshop and the Customer;

Webshop: The party named in Article 1.1.

1.3 In these general terms and conditions, the Webshop and the Customer are jointly referred to as “We” or “Us”. The terms “You” and “Your” refer to the Customer.

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer from the Webshop and to every Agreement between You and the Webshop. General terms and conditions that You use yourself do not apply. This is only different if the Webshop has confirmed this to You in writing and explicitly.

2.2 If any part of these general terms and conditions is ‘void’ or ‘can be annulled’, all other provisions remain in force. In that case, We will make new agreements together to replace the void or voidable provisions. The intention of the new provision(s) must resemble the intention of the original provision(s) as much as possible.

Article 3 – Offers

3.1 Every offer from the Webshop is non-binding and You can accept it within the period stated in the offer. If You do not do so, the offer expires. If no period is stated, a period of 14 days applies. It is not possible to accept or reject only a part of an offer from the Webshop. In that case, the (entire) offer also expires.

3.2 The Webshop ensures that an offer describes accurately and completely which products and/or (digital) content and services the offer relates to. If the offer contains graphic elements (such as images or videos), these provide a true representation of those products and/or (digital) content and services.

3.3 If an offer contains an obvious mistake or error (such as a typo or calculation error), the Webshop is not bound by the offer.


Article 4 – Execution of the Agreement and delivery

4.1 You have an Agreement with the Webshop from the moment You have accepted the Webshop's offer and have met the requirements stated by the Webshop. You will receive confirmation of this from the Webshop within a reasonable time after the conclusion of the Agreement, in any case upon delivery of the goods or before the service is performed. That confirmation contains:

  • all information referred to in Article 230m paragraph 1 of the Dutch Civil Code, unless You have already received this from the Webshop on a durable medium before the conclusion of the Agreement; and
  • insofar as applicable: confirmation of the express prior consent and the declaration as referred to in Article 230p under g of the Dutch Civil Code;
As long as You have not yet received the aforementioned confirmation, You may dissolve the Agreement.


4.2 The Webshop does its best to execute the Agreement as carefully and quickly as possible and to deliver the orders placed by You as quickly as possible. The Webshop will do so in any case within 30 days after the Agreement has been concluded, unless a different delivery period has been agreed upon. If the Webshop is unable to deliver within that period, You may dissolve the agreement.

4.3 Deliveries are made to the address You have provided to the Webshop. Colors Store ships worldwide, with a specific focus on Europe, North America, Oceania, and Asia, as described in the shipping policy. Please ensure that the provided address is correct and complete; the Webshop is not liable for shipments that cannot be delivered due to an incorrectly provided address.


4.4 The Webshop carefully determines who within its organization is appointed to execute the Agreement. The Webshop may also engage third parties for this purpose, such as subcontractors and/or auxiliary persons. The party that the Webshop engages for the delivery of ordered products will be made known to You in advance. If products are lost or damaged during that delivery, this is at the risk of the Webshop. This is only different if You have expressly agreed otherwise with the Webshop.

4.5 You must provide the Webshop in a timely manner with all data that the Webshop has indicated is necessary for the execution of the Agreement or that You should reasonably understand is necessary. If You do not do so, the Webshop may, among other things, suspend the execution of the Agreement. In addition to the right to suspend the Agreement, the Webshop may (continue to) exercise its other rights.


Article 5 – Prices

5.1. Are You a Consumer? Then the prices and rates stated by the Webshop include surcharges, levies, and taxes (such as VAT) and include additional costs (such as any shipping and administrative costs). If You are NOT a Consumer, the starting point is that the prices are stated exclusive of VAT and other levies, unless explicitly stated otherwise with the price.

5.2. The Webshop may offer products and/or services whose price is subject to fluctuations in the financial market(s) over which the Webshop has no influence, at variable prices. The Webshop will clearly state this with the price.

5.3. The Webshop has the right to implement price changes within 3 months after the Agreement has been concluded, insofar as these are the result of changes in legislation and regulations. If more than 3 months have passed since the Agreement was concluded, the Webshop also has the right to pass on increases in (delivery), transport, shipping, call-out, and administrative costs to You.

5.4. If You are a Consumer, You have the right to dissolve the Agreement in the event of the price increases referred to in Article 5.3. If You are not a Consumer, You only have the right to dissolve the agreement if the increase exceeds 5% of the agreed total price, unless the Webshop offers to bear the price difference (insofar as it exceeds the aforementioned 5%).

Article 6 – Payment

6.1. You are obliged to pay invoices from the Webshop within 14 days of concluding the Agreement, unless You have agreed otherwise with the Webshop. Are You a Consumer? Then the Webshop may not, by law, require You to pay more than 50% of the price in advance.

6.2. If You are a Consumer, You are only in default regarding the fulfillment of payment obligations if the Webshop has put You in default and granted a reasonable period of at least 14 days (starting on the day after receipt of the aforementioned notice of default) to fulfill Your payment obligations, and You have not paid within that 14-day period either. In that case, You also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs amount to (with a minimum of € 40):


  • 15% on outstanding amounts up to € 2,500;
  • 10% on the next € 2,500;
  • 5% on the next € 5,000;
  • 1% on the next € 190,000;
  • 0.5% on the remainder.
6.3. If You are not a Consumer, You may not set off, suspend, and/or reduce payments to the Webshop, and You are immediately in default if You have not made a payment to the Webshop on time. In that case, the Webshop also has the right to charge the statutory commercial interest from the due date of the invoice until the day You have paid in full. The Webshop does not need to first summon You to pay or put You in default for this. The Webshop may also (continue to) exercise all its other rights against You.

6.4. Payments made by You will first be deducted from owed interest and costs. Subsequently, from the due invoices that have been outstanding the longest.

6.5. In the event of liquidation, dissolution, bankruptcy, or suspension of payment of the Customer, and if the Customer loses the free management or disposal of their assets in whole or in part, the (payment) obligations of the Customer are immediately due and payable.


Article 7 – Guarantees


7.1. The Webshop ensures that the products and/or services it delivers to You comply with the Agreement. This means, among other things, that those products and/or services meet what You could reasonably expect based on the nature of the item and the statements the Webshop has made about it. For example, regarding quantities, size, and/or weight of a product. The products and/or services that the Webshop delivers to You also comply with the laws and regulations that apply at the time the Agreement is concluded. If You are not a Consumer, the Webshop may make other or additional agreements with You.

7.2. If You are a Consumer, any additional guarantees provided by the Webshop to You will never limit the legal rights of consumers. You can therefore always make use of Your statutory (consumer) rights.


Article 8 - Intellectual property rights

8.1. Intellectual property rights, including copyrights on all offers, designs, images, drawings, and models provided by the Webshop to You, remain the property of the Webshop, unless the Webshop has expressly agreed otherwise with You in writing. Documents, data, and materials that the Webshop provides to You are also intended solely for use by You as the Customer and may not be reproduced, made public, or disclosed to third parties without the prior written consent of the Webshop, unless the nature of those documents, data, and materials dictates otherwise.


Article 9 – Right of Withdrawal

9.1. If You are a Consumer and it concerns a distance contract or off-premises contract (as referred to in Article 6:230g of the Dutch Civil Code), You may exercise the Right of Withdrawal. This means that You can dissolve the Agreement without giving any reason within a period of 14 days. That period of 14 days begins at the following moments:

a. for an Agreement regarding the purchase of movable property:
On the day on which You or a third party designated by You (who is not the carrier) has received the product, unless:
  • The same order consists of multiple items that are delivered separately, or the delivery consists of different shipments or parts. In that case, the day applies on which (respectively) the last item, shipment, or part is received by You or a third party designated by You (who is not the carrier);
  • the Agreement relates to the regular delivery of products during a certain period, in which case the day applies on which the first item is received by You or a third party designated by You (who is not the carrier);


b. for an Agreement for the provision of services:
On the day on which the Agreement is concluded.


c. for an Agreement for the supply of water, gas, or electricity that are not made ready for sale in a limited volume or a certain quantity, of district heating, or of digital content other than on a digital medium:
On the day on which the Agreement is concluded.


9.2. To exercise the Right of Withdrawal, You must inform the Webshop with an unequivocal statement that You are exercising the Right of Withdrawal. You can use the withdrawal form that You receive from the Webshop for this purpose. You can also find the withdrawal form as an appendix to these general terms and conditions. You must send the statement before the period referred to in Article 9.1 has expired.

9.3. If You have not yet received the withdrawal form from the Webshop, the 14-day period referred to in paragraph 1 of this article will be extended until the moment You have (eventually) received the withdrawal form, but at the latest by twelve months.

9.4. If You exercise the Right of Withdrawal, You must:
  • handle all received items and their packaging with care. You may only unpack or use those items (products) to the extent necessary to determine the nature, characteristics, and functioning of the item. If You handle the item in any other way, You are liable for any depreciation caused thereby, unless the Webshop has not provided You with all legally required information about the Right of Withdrawal before or upon the conclusion of the Agreement;
  • return the item (the product) to the Webshop within 14 days, counting from the day after the day on which You made the statement referred to in Article 9.2. Colors Store will bear the direct costs of returning an item in full. Returning is therefore completely free for You;
  • return the item as much as possible with all supplied accessories, in the original condition and packaging, and according to the instructions that the Webshop has reasonably and clearly provided to You.
9.5. If You exercise the Right of Withdrawal, the Agreement is dissolved. This also applies to any supplementary Agreements. In that case, the Webshop will refund the payments You have made to the Webshop, including any costs (for example, for delivery). The Webshop will do so in any case within 14 days after the day on which You made the statement referred to in Article 9.2, provided that the item has been received back in good order or You have demonstrated that the item has been returned.

9.6. You bear the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal.

Article 10 – Exclusion of the right of withdrawal


10.1. If You are not a Consumer, You cannot use the Right of Withdrawal. This applies even if You have received a withdrawal form.

10.2. If You are a Consumer, You cannot—in deviation from Article 9—use the Right of Withdrawal if:
  • the Webshop has excluded the Right of Withdrawal and
  • the Webshop has clearly informed You about the exclusion of the Right of Withdrawal before the conclusion of the Agreement, and
  • The excluded Right of Withdrawal relates to
o an Agreement where the price of the goods or services is subject to fluctuations in the financial markets over which the Webshop has no influence and which may occur within the dissolution period;


o an Agreement where You have specifically requested the Webshop to visit You to perform urgent repairs or maintenance, with the exception of:
  • additional services that You have not expressly requested;
  • the supply of goods other than those necessary to carry out the maintenance or repairs;
o an Agreement concluded during a public auction;


o an Agreement for the provision of services, after fulfillment of the Agreement, and insofar as the Agreement contains a payment obligation for You, if:
  • the fulfillment has started with Your express prior consent; and
  • You have declared to waive the Right of Withdrawal as soon as the Webshop has fulfilled the Agreement;
o an Agreement for the provision of services that provides for the provision of accommodation other than for residential purposes, goods transport, car rental services, catering, and services related to leisure activities, if a certain time or period of fulfillment is provided for in the agreement;


o a consumer purchase (as referred to in Article 5 paragraph 1, point a, of Book 7 of the Dutch Civil Code) regarding:
  • the supply of goods made to your specifications, which are not prefabricated and are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person;
  • the supply of goods that are liable to deteriorate or expire rapidly;
  • the supply of goods that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
  • the supply of goods that, by their nature, are inseparably mixed with other items after delivery;
  • the supply of alcoholic beverages the price of which has been agreed upon at the conclusion of a consumer sales contract, but the delivery of which can only take place after thirty days, and the actual value of which depends on fluctuations in the market over which the Webshop has no influence;
  • the supply of audio and video recordings and computer software whose seal has been broken after delivery;
  • the supply of newspapers, journals or magazines, with the exception of any agreement for the regular delivery of such publications;
an agreement for the supply of digital content not delivered on a tangible medium, to the extent that performance has begun, and if the Agreement involves a payment obligation for you, provided that:
  • performance has begun with your prior express consent;
  • you have declared that you thereby waive your Right of Withdrawal; and
  • the Webshop has provided confirmation as referred to in Article 230t, paragraph 2, or Article 230v, paragraph 7 of Book 6 of the Dutch Civil Code.


Article 11 - Termination

11.1. If the Agreement can be terminated, the termination must be carried out in accordance with the termination rules and notice period that you have agreed upon with the Webshop.

11.2. If you are a Consumer, the following rules and notice periods apply regarding terminations. The Webshop may not deviate from these to your detriment as a Consumer:
  • If the Agreement is entered into for an indefinite period and concerns the regular delivery of goods (including electricity, heating, and cooling) or the regular performance of services, you have the right to terminate the Agreement at any time.
  • If the Agreement is entered into for a definite period and concerns the regular delivery of goods (including electricity, heating, and cooling) or the regular performance of services, you have the right to terminate the Agreement at the end of the (fixed) term. If that Agreement has been tacitly extended, however, you may terminate the Agreement at any time.
  • The notice period is a maximum of one month, unless the Agreement concerns the regular delivery of magazines, daily newspapers, news and/or weekly magazines, where delivery takes place less than once a month. In that case, the notice period is a maximum of three months.
  • If the Agreement is entered into for a definite period and concerns the regular delivery of goods (including electricity, heating, and cooling) or the regular performance of services, the Agreement may not be tacitly extended or renewed for a definite period, unless the Agreement concerns the regular delivery of magazines, daily newspapers, news and/or weekly magazines. In the latter case, the Agreement may be tacitly extended for a definite period of up to three months, and you have the right to terminate the Agreement at the end of the extension with a notice period of a maximum of one month.
  • An Agreement for the delivery of magazines, daily newspapers, news and/or weekly magazines that has a limited duration and is intended as an introductory offer (a trial subscription) is not continued tacitly and ends automatically (without notice) at the end of the (limited) duration of the Agreement (the trial period).
  • Any Agreement that lasts longer than a year may be terminated by you at any time after the first year, unless reasonableness and fairness dictate that termination before the end of the agreed duration is not permitted.
11.3. If you are not a Consumer, you may only terminate the Agreement if this is explicitly stipulated in the Agreement and in accordance with the termination rules and notice periods specified therein.

Article 12 – Personal Data

12.1. The Webshop processes personal data only in accordance with applicable laws and regulations. This means, among other things, that:
  • the Webshop only processes personal data insofar as such processing can be based on one of the legal grounds set out in Article 6 of the General Data Protection Regulation (GDPR);
  • the Webshop ensures appropriate technical and organizational measures are in place to properly secure the personal data it processes;
  • the Webshop will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to the sharing of personal data have been met;
  • personal data will not be kept longer than is necessary for the purposes for which they were collected, unless the Webshop is legally required to retain the data for a longer period;
  • you have, among other things, the right to access, correct, or have your personal data deleted, to restrict processing, to object to processing, or—where applicable—to have your data transferred.


Article 13 – Complaints

13.1. The Webshop has a clear complaints procedure. The Webshop handles every complaint in accordance with this complaints procedure.

13.2. If you have a complaint regarding the performance of the Agreement, you must submit it to the Webshop in full and with a clear description within two months after you discovered the defect.

13.3. The Webshop will respond within 14 days after receipt of the complaint, as much as possible. If a complaint requires a longer processing time, you will receive an acknowledgment of receipt within the aforementioned 14-day period, containing at least an indication of when you can expect a more detailed answer.

13.4. For complaints, you must always first contact the Webshop and investigate whether the Webshop can offer you an appropriate solution. If the Webshop is affiliated with WebwinkelKeur and the parties cannot reach an amicable solution, you can contact WebwinkelKeur (www.webwinkelkeur.nl). WebwinkelKeur provides mediation free of charge. You can check whether the Webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/.

13.5. If mediation by WebwinkelKeur does not lead to a solution, you can also submit the complaint to the independent disputes committee designated by WebwinkelKeur. If you choose this option, costs may be charged to you.


Article 14 – Applicable Law and Jurisdiction

14.1. Dutch law applies exclusively to the Agreement.

14.2. In addition to the option to make use of the complaints procedure described in Article 13, you may submit disputes to the court. In such cases, the court in the district where the Webshop is established has jurisdiction to hear the dispute, to the exclusion of other competent judicial bodies and arbitration, unless a mandatory legal provision dictates that a court in another location is competent.

Appendix 1: Model Withdrawal Form:

Withdrawal Form
(only complete and return this form if you wish to withdraw from the agreement)
— To: Colors Store, Jan van Amstelstraat 48, 5262 CP Vught. Email address: colorsstore.shop@outlook.com

— I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*)

— Ordered on (*)/Received on (*):
— Name/Names of Consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is submitted on paper)
— Date:

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