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Terms and conditions

It is best to be clear from the outset.

Article 1 – Identity

These are the terms and conditions of Colourful Rebel B.V.
Business name: Colourful Rebel B.V.
Registered at Wibautstraat 135-1, 1097DN Amsterdam, the Netherlands*
Accessibility: Monday to Thursday from 09:30 to 17:30 and Friday from 09:30 to 17:00.
Email address: info@colourfulrebel.com*
Chamber of Commerce number: 63392976
VAT number: NL 855216360B01

*Orders returned to this address will NOT be processed.
*Please direct webshop-related questions to webshop@Colourfulrebel.com.

Article 2 – Definitions

In these terms and conditions, the following definitions apply:

  1. Ancillary contract: a contract under which a consumer acquires products in connection with a distance contract 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;
  2. Cooling-off period: the period during which a consumer may exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
  4. Day: calendar day;
  5. Durable medium: any tool—including email—that enables a consumer or Colourful Rebel to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that enables the unchanged reproduction of the stored information;
  6. Right of withdrawal: the option for a consumer to withdraw from the distance contract during the cooling-off period;
  7. Distance contract: a contract concluded between Colourful Rebel and a consumer as part of an organized system for the distance sale of products, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
  8. Withdrawal form: the withdrawal form included in Appendix I to these terms and conditions;
  9. Means of distance communication: a means that can be used to conclude a contract without the consumer and Colourful Rebel having to be physically present in the same place at the same time.

Article 3 – Applicability

  1. These terms and conditions apply to every offer from Colourful Rebel and to every distance contract concluded between Colourful Rebel and a consumer. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium.
  2. If this is not reasonably possible, Colourful Rebel will, before the distance agreement is concluded, indicate how the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
  2. Obvious mistakes or errors in the offer of products do not bind Colourful Rebel.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer.

Article 5 – The agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set for it.
  2. If the consumer has accepted the offer electronically, Colourful Rebel will promptly confirm receipt of acceptance of the offer electronically.
  3. Colourful Rebel will provide the consumer with the following information no later than upon delivery of the product:
  4. the visiting address of Colourful Rebel’s establishment where the consumer may, for example, submit complaints;
  5. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  6. information about warranties and existing after-sales service;
  7. the price of the product, including all taxes, and, where applicable, the costs of delivery and the method of payment, delivery, or performance of the distance agreement;
  8. if the consumer has a right of withdrawal, the withdrawal form.

Article 6 – Right of withdrawal

  1. The consumer may terminate an agreement relating to the purchase of a product during a withdrawal 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 the reason(s).
  2. The withdrawal period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
  3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Colourful Rebel may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times; or
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part.

Article 7 – The consumer’s obligations during the withdrawal period

  1. During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
  2. The consumer is liable for any reduction in the product’s value resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.

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

  1. If the consumer exercises their right of withdrawal, they shall notify Colourful Rebel of this within the withdrawal period by means of the withdrawal form or in another unequivocal manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to Colourful Rebel (or an authorised representative). This is not required if Colourful Rebel has offered to collect the product itself. The consumer has observed the return period in any event if they return the product before the withdrawal period has expired.
  3. The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the instructions provided by Colourful Rebel.
  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.
  6. Further information required about returning a product is provided on the website.
  7. If the consumer exercises their right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
  8. If the consumer returns only part of the order, Colourful Rebel does not have to reimburse the delivery costs.

Article 9 – Colourful Rebel’s obligations in the event of withdrawal

  1. If Colourful Rebel enables the consumer to notify withdrawal electronically, it shall send an acknowledgement of receipt without undue delay after receiving this notification.
  2. Colourful Rebel shall reimburse all payments made by the consumer, including any delivery costs charged by Colourful Rebel for the returned product, without undue delay and in any event within 14 days following the day on which the consumer notifies it of the withdrawal. Unless Colourful Rebel offers to collect the product itself, it may wait with reimbursement until it has received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
  3. Colourful Rebel will use the same payment method for the refund that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Colourful Rebel does not have to reimburse the additional costs of the more expensive method.

Article 10 – The price

  1. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. The prices of the products stated in the offer include VAT.
  3. Discount codes or credits provided cannot be used in combination with one another. 
 

Article 11 – Performance of the agreement and additional warranty

  1. Colourful Rebel warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded.
  2. In any event, no claim may be made under paragraph 1 of this article (i) in the event of damage caused intentionally or through negligence, (ii) in the event of normal wear and tear, and/or (iii) in the event of damage caused by failure to follow the instructions for use or improper compliance with them.
  3. An additional warranty provided by Colourful Rebel, its supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against Colourful Rebel under the agreement if Colourful Rebel has failed to perform its part of the agreement.
  4. Additional warranty means any undertaking by Colourful Rebel, its supplier, importer, or manufacturer whereby it grants the consumer certain rights or claims that go beyond what it is legally required to do if it has failed to perform its part of the agreement.

Article 12 – Delivery and performance

  1. Colourful Rebel shall exercise the utmost care when receiving and fulfilling orders for products.
  2. Delivery is subject to availability.
  3. A fee of €4.95 is charged for shipping and handling orders.
  4. Ownership of the delivered products transfers to the consumer once the amount due has been paid. The risk relating to the products transfers upon delivery to the consumer.
  5. The delivery address shall be the address provided by the consumer to Colourful Rebel.
  6. The consumer must provide Colourful Rebel with the correct address and email address. Any changes to these details must also be communicated to Colourful Rebel in a timely manner. If the consumer has provided an incorrect delivery address, the additional shipping costs shall be borne by the consumer.
  7. Colourful Rebel shall fulfill accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 14 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge.
  8. After termination in accordance with the previous paragraph, Colourful Rebel shall promptly refund the amount paid by the consumer.
  9. The risk of damage to and/or loss of products rests with Colourful Rebel until the moment of delivery to the consumer or a representative designated in advance and made known to Colourful Rebel, unless expressly agreed otherwise.

Article 13 – Payment

  1. Unless otherwise stipulated in the agreement, the amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the agreement is concluded.
  2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to Colourful Rebel without delay. Payment orders to giro and banking institutions are at the expense and risk of the person issuing the payment order or authorization.
  3. If the consumer fails to meet their payment obligation(s) on time, in whole or in part, then, after Colourful Rebel has notified the consumer of the late payment and granted the consumer a period of 14 days to fulfill their payment obligations, and payment has still not been made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount, and Colourful Rebel shall be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to: 15% of outstanding amounts up to € 2,500, 10% of the subsequent € 2,500, and 5% of the next € 5,000, with a minimum of € 40.
  4.  

Article 14 – Intellectual Property

  1. The website and all its components, 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 its components (such as the products offered) belong to Colourful Rebel, insofar as these rights do not belong to third parties.
  2. Without Colourful Rebel’s prior written permission, it is not permitted to publish, reproduce, store, or offer for sale, in any form whatsoever, the website, parts of the website, information obtained from the website, products displayed on the website, or other material displayed on the website.

Article 15 – Force majeure

  1. Colourful Rebel and the consumer are not obliged to perform any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to their fault and does not fall within their responsibility under the law, a legal act, or generally accepted principles in society.

Article 16 – Complaints procedure

  1. Colourful Rebel has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to Colourful Rebel as soon as possible after the consumer has discovered the defects, in a complete and clearly described manner.
  3. Complaints submitted to Colourful Rebel will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Colourful Rebel will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Miscellaneous

  1. Any deviations from these general terms and conditions may be agreed only in writing. No rights may be derived from such deviations with regard to legal relationships entered into at a later date.
  2. Subject to proof to the contrary, Colourful Rebel’s records shall serve as evidence of the applications and/or orders submitted by the consumer. The consumer acknowledges that electronic communications may serve as evidence.
  3. Colourful Rebel is entitled to transfer its rights and obligations under the agreement with you to a third party by a single notification to you.
  4. If and insofar as any provision of the general terms and conditions is declared null and void or annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect. Colourful Rebel shall then establish a new provision to replace the nullified or annulled provision, observing the substance of the nullified or annulled provision as far as possible.

Article 18 – Applicable law and jurisdiction

  1. Dutch law shall apply exclusively to agreements, and all non-contractual obligations arising from them, between Colourful Rebel and the consumer to which these general terms and conditions apply.
  2. All disputes between Colourful Rebel and the consumer shall initially be settled by the competent court in Amsterdam, the Netherlands.