Terms and conditions
1. Scope
1.1. These general terms and conditions apply to all orders placed by customers via the COLORBUX online store (www.colorbux.com), hereinafter referred to as COLORBUX.
1.2. With the confirmed order, these general terms and conditions apply as accepted by the customer.
2. Offer and conclusion of the contract
2.1 The presentation of the products in the online store is not a legally binding offer, but an invitation to order.
2.2 By clicking the (Order) button, the customer places a binding order for all the products listed on the order page.
2.3 COLORBUX reserves the right to reject orders in whole or in part. In such a case, the customer will be informed and any payments already made will be refunded. Further claims are excluded.
2.4 Immediately after receipt of the order, COLORBUX confirms the order by email. The purchase contract is concluded immediately for non-physical goods, and for physical goods through their delivery.
3. Prices and shipping costs
3.1 The prices stated on the product page are inclusive of statutory VAT and other price components such as packaging and are in U.S. Dollars (USD). The exact shipping costs are shown to the customer during the ordering process.
3.2 No other taxes and costs are incurred (with the exception of customs duties, which the customer must account for).
3.3 COLORBUX reserves the right to change prices at any time. For customers, the prices published on the website on the order date apply.
4. Terms of delivery
4.1 The delivery of physical goods takes place exclusively in the United States of America (U.S.A.) and in Switzerland.
4.2 Unless otherwise stated in the offer, the delivery time for the U.S.A. and Switzerland is 2 to 5 weeks. If a longer delivery period is necessary, the customer will be informed at the latest after this time. If no information is given, the customer is entitled to waive the delivery.
4.3 If not all ordered products are in stock, COLORBUX is entitled to make partial deliveries.
4.4 Should the delivery of the goods fail due to the fault of the customer, then COLORBUX can withdraw from the contract and offset the expenses incurred by shipping and handling.
5. Terms of payment
5.1 For customers worldwide, payment is made either by credit card (via Stripe) or PayPal.
5.2 When paying by credit card and PayPal, the customer's account is debited at the time of the order.
5.3 Offsetting against counterclaims of the customer, that are not recognized or not legally established, is excluded.
5.4 The customer can only exercise a right of retention if the claims are based on the same contractual relationship.
5.5 The order will only be processed after receipt of payment. Products that have not yet been paid for are reserved in the COLORBUX warehouse for 10 days.
6. Retention of title
The goods remain the property of COLORBUX until full payment. Before the transfer of ownership, pledging, transfer by way of security, processing or remodeling, without the consent of COLORBUX, is not permitted.
7. Right of withdrawal (4-EVER Guarantee)
7.1 Consumers have the right to cancel the contract declaration within an unlimited amount of days after receipt of the goods (4-EVER Guarantee). The revocation must be sent to COLORBUX in writing by email. A justification for the revocation is not necessary. The declaration of cancellation should be sent to: COLORBUX, [email protected]
7.2 The exercise of the right of withdrawal leads to the conversion of the purchase contract into a reprocessing relationship, according to which the services received under the purchase contract must be reimbursed. The consumer must return the goods received fully packaged to COLORBUX within 30 days of the declaration of revocation. The consumer bears the cost of the return.
7.3 After receipt of the goods, the purchase price, if already paid, will be refunded to the consumer immediately. The refund includes initial shipping costs and taxes but excludes interest and inflation/deflation. Should COLORBUX not receive the goods within 30 days of the declaration of revocation, the customer will not be reimbursed. COLORBUX can refuse repayment until the goods have been returned.
7.4 The right of withdrawal is excluded for the following points:
• Individual company solutions that are clearly tailored to the personal needs of the customer
• Digital content (unless otherwise stated), the execution of which takes place at the same time as the order and which is not delivered on physical data carriers
• Services that have already been completed or that have already started to be carried out
8. Warranty and liability
8.1 COLORBUX guarantees that the goods meet the warranted properties, that they have no defects that impair their value or suitability or the intended use, and that they comply with the prescribed services and specifications. COLORBUX reserves the right to remedy an existing defect or to deliver a defect-free item in the sense of rectification or replacement delivery.
8.2 The buyer must check the delivered goods as soon as possible and report defects immediately. Damage to packaging or content that can already be seen upon delivery must be reported immediately to the carrier/delivery service. In such a case, acceptance of the goods must be refused and a confirmation message for damage from the freight forwarder requested. All transport damage must then be reported immediately to COLORBUX. You can contact our responsible customer service via email at [email protected].
8.3 In the event of hidden defects, the customer is obliged to report the goods within 72 hours of receiving them. After 72 hours the delivery is considered accepted. Optical deviations and color differences of +/- 5% from the pictures of any product are not considered defects and cannot be objected to.
8.4 If rectification or subsequent delivery fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The customer's right to a reduction is excluded.
8.5 Products must only be used for the intended purposes. Using products in ways not intended renders warranty null and void. The guidelines provided with each product must be adhered to.
9. Contract duration, authorizations, and cancellation for subscriptions
Subscriptions are concluded for a certain period. Usually, the duration is 6 or 12 months. Unless otherwise agreed, each subscription entitles one person to unlimited use during the term of the contract. Before the subscription expires, the customer receives an invoice for the extension of the contract for the same period. Cancellation must be notified to COLORBUX in writing within 30 days of this date. The access authorization expires at the same time as the termination.
10. Passwords / confidentiality
The customer has the opportunity to generate a customer profile. In such a case, COLORBUX treats the provided access data to the system and the passwords set up for this purpose in strict confidence and with the utmost care. COLORBUX reserves the right to terminate the usage right immediately if it detects the multiple uses of an individual's access data.
11.Copyright
The content and structure of the products published by COLORBUX and the entire website are protected by copyright. The use of contributions and work aids for personal use by the customer is permitted, but full or partial commercial distribution requires the consent of COLORBUX.
11. Liability
COLORBUX excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliaries and substitutes. COLORBUX assumes no responsibility for errors that are not within its area of responsibility, in particular for operators of telecommunications services, the hosting provider, or other third-party service providers.
12. Place of jurisdiction and applicable law
The contractual relationships between the customer and COLORBUX are subject to substantive Swiss law to the exclusion of the United Nations Convention on the International Sale of Goods of April 11, 1980. In the event of any dispute, the place of jurisdiction is Dielsdorf.
13. Final provisions
If parts of these general terms and conditions should be ineffective, the validity of the remaining provisions is not affected. Instead of the ineffective provisions, the relevant statutory provisions apply accordingly.