General Terms and Conditions

COLORFOX GENERAL TERMS AND CONDITIONS

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
7. Durable data carrier: any means - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for remote communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12. Remote communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same room at the same time;

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Colorfox
Registered address: Birdielaan 35, 8241 BB Lelystad
Visiting address: Idem, by appointment only
Phone number: 06-83272417
Email address: naomi@colorfox.nl
Chamber of Commerce number: 76750957
VAT identification number: NL003133682B73

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, the entrepreneur will indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
   2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   3. information about guarantees and existing after-sales service;
   4. the price including all taxes of the product, service, or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model withdrawal form.
   7. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
   1. 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. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
   2. 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;
   3. in agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original reflection period, the reflection period will expire 4 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from a handling of the product other than what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he notifies the entrepreneur of this within the reflection period by means of the model withdrawal form or by other unambiguous means.
2. 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 authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning.
6. If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commences during the reflection period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in case of withdrawal or the model withdrawal form, or;
   2. the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear costs for the full or partial supply of digital content not supplied on a tangible medium, if:
   1. he has not explicitly agreed to the commencement of the performance of the agreement before the end of the reflection period prior to its delivery;
   2. he has not acknowledged losing his right of withdrawal when giving his consent; or
   3. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send an acknowledgment of receipt after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer notifies him of the revocation. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. For reimbursement, the entrepreneur will use the same payment method that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
2. Agreements concluded during a public auction. A public auction is understood to mean a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
   1. the performance has begun with the consumer's express prior consent; and
   2. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
4. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
5. Agreements relating to leisure activities, if a specific date or period of performance thereof is provided for in the agreement;
6. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The delivery of digital content other than on a tangible medium, but only if:
    1. the performance has begun with the consumer's express prior consent; and
    2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are indicative prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   1. these are the result of legal regulations or provisions; or
   2. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and extra guarantee

1. The entrepreneur guarantees that the products and/or services 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extra guarantee is understood to mean any commitment from the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive a message about this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.

Article 14 – Long-term transactions: duration, termination and extension

Termination:

1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of at most one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of at most one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least terminate in the same way as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of at most three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
6. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, 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. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
3. The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) in time, after he has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after failure to pay within this 14-day period, he owes the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements regarding products and services to be delivered or delivered by this entrepreneur, can, with due observance of what is stated below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, Postbus 90600, 2509 LP in The Hague (sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than twelve months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer must state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as established in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop). The decisions of the Disputes Committee are binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually ceased his business activities, before a dispute has been dealt with by the committee at the hearing and a final ruling has been made.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

These General Terms and Conditions were drawn up on July 18, 2023.