Terms and Conditions
The Colorclock - De Kleurenklok
5151 SB DRUNEN
tel: +31 (0)6-24165353
Chamber of Commerce no. 17279073 ('s-Hertogenbosch)
VAT number NL001785882B35
Article 1. Applicability
1.1 These General Terms and Conditions (hereinafter: 'Terms and Conditions') apply to all offers, orders and agreements of De Kleurenklok, located in Drunen. These Terms will be sent to you upon request. These Terms and Conditions can also be consulted via the Internet, see: http://www.kleurenklok.nl.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 The provisions of these Terms and Conditions may only be deviated from after written notification or approval by De Kleurenklok.
1.4 All rights and entitlements, as stipulated in these Terms and Conditions and in any further agreements for the benefit of De Kleurenklok, are also stipulated for the benefit of intermediaries and other third parties engaged by De Kleurenklok.
1.5 By using the website of De Kleurenklok and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
1.6 These Conditions respect the consumer's rights arising from the law (or the sales contract).
Article 2. Offers/agreements
2.1 All offers from De Kleurenklok are without obligation and De Kleurenklok expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by De Kleurenklok. De Kleurenklok is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, De Kleurenklok will communicate this within ten (10) days after receipt of the order.
2.3 De Kleurenklok cannot be held to its offers if the consumer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or any part thereof contains an obvious mistake or error.
Article 3. Prices and payments
3.1 The stated prices for the products and services offered are in euros, including VAT and excluding any cash on delivery costs or other shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 The Kleurenklok offers various payment options. These can be divided into two categories. You can pay for your order in advance or pay in cash when you pick up the product.
3.3 In the case of payment by bank or giro, the date of payment is the date of crediting the giro or bank account of De Kleurenklok.
Article 4. Delivery
4.1 The latest delivery period is 7 days after receipt of payment. This applies to items that are available from stock (see webshop order status). In practice, we ship your order immediately/within a few working days after receipt of your payment. If you want to receive your shipment later due to a holiday period, you can enter this in the comments field with your order.
4.2 The delivery of the products takes place to the address stated by you in the order.
Article 5. Warranty
5.1 De Kleurenklok guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free of technical defects.
5.2 The guarantee referred to above applies for a period of 6 months after delivery, unless otherwise agreed with the consumer.
5.3 The warranty referred to in this regard does not apply if the defect has arisen as a result of improper or improper use or if, without written permission from De Kleurenklok, the consumer or third parties have made changes or attempted to make changes to the item or have used it for purposes for which the item is not intended.
Article 6. Retention of title
6.1 The ownership of delivered products is only transferred if you have paid all that you owe to De Kleurenklok on the basis of any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
Article 7. Intellectual and industrial property rights
7.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by De Kleurenklok.
7.2 De Kleurenklok does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 8. Dissolution, return, replacement
8.1 You have the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, you must inform De Kleurenklok of this as soon as possible and in any event within fourteen (14) days after delivery, or at least after observation was reasonably possible, in writing and stating reasons.
8.2 If you do not wish to purchase a product for whatever reason, you have the right to return the product to De Kleurenklok within fourteen (14) days after delivery. In this case, returns will only be accepted if the product and packaging are completely undamaged and in unused condition. It also applies that the costs for return shipment are for your account.
8.3 De Kleurenklok will refund the amount already paid within 14 days after the date of receipt of the return shipment.
Article 9. Orders/communication
9.1 For misunderstanding, mutilation, delays or improper transmission of order data and communications as a result of the use of the Internet or any other means of communication in the traffic between you and De Kleurklok, or between De Kleurenklok and third parties, insofar as it relates to the relationship between you and De Kleurklok, De Kleurenklok is not liable, unless and insofar as there is intent or gross negligence on the part of De Kleurenllok.
Article 10. Personal data
10.1 De Kleurenklok will record the information provided by you in a file. This data will be used exclusively for the execution of your order. The personal data provided by you can be requested by e-mail and adjusted or deleted at your request.
10.2 Your data can only be used by De Kleurenklok to inform you about new offers and products or otherwise relevant information for you. Your data will be processed in accordance with applicable laws and regulations.
Article 11. Liability
11.1 If the goods delivered by De Kleurenklok are defective, the liability of De Kleurenklok towards the consumer is limited to what is stipulated in articles 5 and 8 of these conditions.
11.2 De Kleurenklok is not liable if the damage is due to intent and/or gross negligence and/or culpable actions, or injudicious or improper use by the consumer.
11.3 De Kleurenklok is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on the part of De Kleurenklok. De Kleurenklok is never liable for consequential or trading loss, indirect damage and loss of profit or turnover.
11.4 If De Kleurenklok, for whatever reason, is obliged to compensate for any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
Article 12. Force majeure
12.1 Without prejudice to its other rights, De Kleurenklok has the right in case of force majeure, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying you of this in writing. and this without De Kleurenklok being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
12.2 Force majeure is understood to mean any shortcoming that cannot be attributed to De Kleurenklok, because it is not attributable to it and cannot be held accountable by virtue of the law, legal act or generally accepted views.
Article 13. Intellectual Property
13.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, announcements or other expressions with regard to the products and/or with regard to the internet site are vested in De Kleurenklok, its suppliers or other entitled parties.
13.2 Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.
13.3 The Buyer is prohibited from making use, including making changes, of the intellectual property rights as described in this article, such as for example reproduction, without the explicit prior written permission of De Kleurenklok, its suppliers or other entitled parties, unless this only concerns for private use in relation to the product itself.
Article 14. Other provisions
14.1 If you provide De Kleurenklok with an address in writing, De Kleurenklok is entitled to send all orders to that address, unless you inform De Kleurenklok in writing of another address to which your orders should be sent.
14.2 If De Kleurenklok allows deviations from these Terms and Conditions, whether or not tacitly, for a short or longer period of time, this does not affect its right to still demand immediate and strict compliance with these Terms and Conditions. You can never assert any right based on the fact that De Kleurenklok applies these Conditions smoothly.
14.3 If one or more of the provisions of these Terms and Conditions or any other agreement with De Kleurenklok should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible provision to be determined by De Kleurenklok. similar provision.
14.4 De Kleurenklok is authorized to use third parties for the execution of your order(s).
Article 15. Applicable law and competent court
15.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
15.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands. De Kleurenklok submits to the jurisdiction of the competent court of the location of De Kleurenklok.