General terms and conditions
You'd better be clear right away.
Article 1 - Identity
These are the general terms and conditions of Colourful Rebel B.V..
Name entrepreneur: Colourful Rebel B.V.
Registered at Wibautstraat 135-1, 1097DN Amsterdam, the Netherlands*Accessibility
: Monday to Thursday from 09:30 to 17:30 hrs and Friday 09:30 to 17:00.
E-mail address: email@example.com*
BTW-number: NL 855216360B01
*Orders returned to this address will NOT be processed.
*Webshop related questions please address to webshop@Colourfulrebel.com.
Article 2 - Definitions
In these general terms and conditions the following terms shall have the following meanings:
- Supplementary agreement: an agreement whereby a consumer acquires products in connection with a distance agreement and these products are supplied by Colourful Rebel or by a third party on the basis of an agreement between that third party and Colourful Rebel;
- Withdrawal period: the period within which a consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Durable data carrier: any tool - including e-mail - that enables a consumer or Colourful Rebel to store information that is addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to renounce the distance contract within the cooling-off period;
- Distance contract: an agreement concluded between Colourful Rebel and a consumer within the framework of an organised system for the distance sale of products, whereby up to and including the conclusion of the agreement one or more techniques for distance communication are used exclusively or partly;
- revocation form: the revocation form set out in Annex I of these Terms and Conditions;
- Means of distance communication: means that can be used for the conclusion of a contract, without a consumer and Colourful Rebel having to meet in the same room at the same time.
Article 3 - Applicability
- These general conditions apply to every offer made by Colourful Rebel and to every distance contract concluded between Colourful Rebel and a consumer. Prior to the conclusion of the distance contract, the text of these General Conditions will be made available to the Consumer by electronic means in such a way that it can easily be stored by the Consumer on a durable data carrier.
- If this is not reasonably possible, Colourful Rebel will, prior to the conclusion of the distance contract, indicate in which way the general conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- Obvious mistakes or obvious errors in the offer of products do not bind Colourful Rebel.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- The agreement is concluded when the consumer accepts the offer and complies with the conditions attached to it.
- If the consumer has accepted the offer electronically, Colourful Rebel immediately confirms receipt of acceptance of the offer electronically.
- Colourful Rebel will provide the following information at the latest upon delivery of the product to the consumer:
- the visiting address of Colourful Rebel's branch office to which the consumer can, for example, complain;
- The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product, if applicable the costs of delivery and the method of payment, delivery or performance of the remote agreement;
- if the consumer has a right of withdrawal, the withdrawal form.
Article 6 - Right of revocation
- The consumer can dissolve an agreement regarding the purchase of a product for a period of 14 days without giving reasons. Colourful Rebel may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state his reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party appointed in advance by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Colourful Rebel may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for several products with a different delivery time; or
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall be liable for any reduction in the value of the product resulting from a handling of the product which goes beyond what is permitted in paragraph 1.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he notifies Colourful Rebel within the cooling-off period by means of the revocation form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) Colourful Rebel. This is not necessary if Colourful Rebel has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the instructions provided by Colourful Rebel.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product.
- Further necessary information about returning a product can be found on the website.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
- If the consumer only returns part of the order, no shipping costs need to be refunded by Colourful Rebel.
Article 9 - Obligations of Colourful Rebel in case of revocation
- If Colourful Rebel makes the notification of revocation by the consumer possible electronically, he will send an acknowledgement of receipt without delay after receipt of this notification.
- Colourful Rebel will reimburse all payments made by the consumer, including any delivery costs charged by Colourful Rebel for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the revocation. Unless Colourful Rebel offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- Colourful Rebel will use the same means of payment used by the consumer for a refund, unless the consumer agrees to a different method. The refund is free of charge to the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Colourful Rebel will not be required to refund the additional cost of the more expensive method.
Article 10 - The price
- During the period of validity stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
- The prices mentioned in the offer of products include VAT.
- Provided discount codes or codes that are intended to facilitate free shipping do not apply to articles that already benefit from a discount.
Article 11 - Contract performance and additional guarantee
- Colourful Rebel guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- In any case, no claim can be made to what is stated under paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear, and/or (iii) in the event of damage due to failure to observe, or incorrect observance of, the instructions for use or instructions for use.
- An additional guarantee provided by Colourful Rebel, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Colourful Rebel on the basis of the agreement if Colourful Rebel has failed in the fulfilment of his part of the agreement.
- Additional warranty is understood to mean any obligation of Colourful Rebel, its supplier, importer or manufacturer in which it grants to the consumer certain rights or claims which go beyond what the consumer is legally obligated to in the event he is in breach of his part of the agreement.
Article 12 - Delivery and execution
- Colourful Rebel will take the greatest possible care when receiving and executing orders for products.
- Delivery takes place as long as stocks last.
- For the shipment and handling of orders, €5.95 will be charged.
- Ownership of delivered products is transferred to the consumer after the amount due has been paid. The risk of the products is transferred at the moment of delivery to the consumer.
- The place of delivery is the address that the consumer has made known to Colourful Rebel.
- The consumer must provide the correct address and e-mail address to Colourful Rebel. Colourful Rebel must also be notified in good time of any changes to this address and e-mail address. If the consumer has given the wrong address for the delivery, the extra shipping costs will be for the account of the consumer.
- Colourful Rebel will carry out accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will receive notification of this at the latest 14 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge.
- After dissolution in accordance with the previous paragraph, Colourful Rebel will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with Colourful Rebel until the moment of delivery to the consumer or a representative appointed in advance and announced to Colourful Rebel, unless explicitly agreed otherwise.
Article 13 - Payment
- Unless otherwise stipulated in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
- The consumer has the obligation to immediately report inaccuracies in supplied or stated payment details to Colourful Rebel. Payment orders for giro and banking institutions are at the expense and risk of the party giving the order (or authorisation) for payment.
- If the consumer does not meet his payment obligation(s) (in whole or in part) on time, he will owe the statutory interest on the amount still due, after Colourful Rebel has drawn his attention to the late payment and Colourful Rebel has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, and Colourful Rebel will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to: 15% on outstanding amounts up to € 2.500,-, 10% on the next € 2.500,- and 5% on the next € 5.000,- with a minimum of € 40,-.
Article 14 - Intellectual property
- The website and all its parts, with the exception of certain hyperlinks to third parties, are the property of Colourful Rebel. All intellectual property rights relating to the website and all parts thereof (such as the products offered) are owned by Colourful Rebel, insofar as these rights do not belong to third parties.
- Without the prior written consent of Colourful Rebel it is not permitted to publish, reproduce, store or offer for sale the website, parts of the website, information obtained from the website, products shown on the website or other material shown on the website in any form whatsoever.
Article 15 - Force majeure
- Colourful Rebel and the consumer are not obliged to comply with any obligation if they are hindered to do so as a result of a circumstance that is not attributable to Colourful Rebel and is not for his account under the law, a legal act or generally accepted views.
Article 16 - Complaints procedure
- Colourful Rebel has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to Colourful Rebel in full and clearly described as soon as possible after the consumer has discovered the defects.
- Complaints submitted to Colourful Rebel will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Colourful Rebel will respond within the period of 14 days with an acknowledgement of receipt and an indication when the consumer can expect a more detailed response.
Article 17 - Other
- Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
- Colourful Rebel's administration is, subject to proof to the contrary, proof of the applications and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as proof.
- Colourful Rebel is entitled to transfer the rights and obligations from the agreement with you to a third party by means of a single notification to you.
- If and to the extent that any provision of these General Terms and Conditions is declared null and void or annulled, the remaining provisions of these General Terms and Conditions will remain in full force and effect. Colourful Rebel will then adopt a new provision to replace the void/nullified provision, taking into account as much as possible the purport of the void/nullified provision.
Article 18 - Applicable law and jurisdiction
- Agreements, and all resulting non-contractual obligations, between Colourful Rebel and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
- All disputes between Colourful Rebel and the consumer will in the first instance be settled by the competent court in Amsterdam, the Netherlands.