Terms-and-conditions-Color13-banner

Single Design SPRL

TVA BE 543 801 301
Street Lambert Vandervelde, 39
1170 Brussels, Belgium
info@color13.com
+32 483 38 63 01

1. General provisions

Whenever not derogated specifically, the general provisions remain applicable. Only derogations subject to a written consent on our part can change the application of the present general provisions.

In the event of opposition between the buyer’s general provisions and our general conditions, it is agreed that the latter will prevail.

We reserve the right to modify our conditions of sales at any time. In this case, the conditions applicable will be those in application on the date of the buyer’s order.

2. Offers and orders

Unless otherwise stipulated in writing, the validity period of our offers is of 30 days from their issuing.

Any order implies the acceptation of our sales and invoicing provisions, and only bind us after written confirmation on our part.

Modifications made by the buyer to his/her order form or our offer are only valid under the condition that we have approved and confirmed these in writing.

In the event of the unilateral cancellation of an order by the contractor, we reserve the right to demand a compensation equal to 30% of the total amount of the order.

The goods sold by our company are supposed to be known by the buyers and are considered as agreed by the mere fact of purchasing.

3. Delays

The delays defined for our services or deliveries are only given for indicative purposes unless otherwise stipulated.

In the event that a delivery date should prove binding, it must be clearly specified on the order form. In that case, the buyer may, should the delivery be delayed, required an indemnity, without the latter exceeding 10% of the overall amount of the order.

Even in that case, the following circumstances free us from our delays:

1 – Force majeure (including strikes, technical incidents, suppliers’ delays and staff shortages);

2 – If the payment terms are not respected;

3 – Should the buyer require changes during the works;

4 – Should the buyer not provide us with the desired information within the specified delay.

4. Delivery – transport

When we are responsible to delivery the goods, the latter are always sent to the delivery address communicated by the buyer at their own risks, even if they have been sold Free on Board. Our responsibility ceases when the goods leave our warehouses, regardless of the transporter.
Should the buyer forget or refuse to take delivery of the goods ordered, we reserve the right to demand the execution of the contract or to consider, with prior notice, the contract as fully terminated. In the last case, the buyer shall owe us a fixed compensation equal to 30% of the sale price.

Any complaint regarding quantities must be imperatively made upon receipt of the goods.

5. Retention of title clause

We reserve our right of property on merchandise sold until complete payment of the price and its accessories (eventual charges, interests or penalties).

However, the buyer remains responsible for the loss of the goods sold, even as a result of unforeseeable circumstances or force majeure.

6. Price and payment

Fixed prices are denominated in euros.

Unless otherwise stipulated, the prices do not include transportation costs, which will be subject to a separate invoice in the event that we are entrusted with the transport or organisation of the latter.

The customer remains liable for any custom, duties or charges due.
Invoices are payable in cash, unless otherwise stated.
Any invoice not paid on the due date shall be automatically, by the mere occurrence of the due date, increased by 15% with a minimum of €250 to cover damages, in application with articles 1152 and 1220 of the Belgian Civil Code.

Any dispute concerning an invoice shall have to be sent in writing, within the fifteen days from shipment.

7. Warranty

The products are deemed to be eligible by the buyer at the latest five days after the delivery date, except specific and detailed complaining that the client would notify us before the expiration of this delay via registered mail.

The agreement will cover all apparent defects and lack of conformity, i.e. all that could be seen by the buyer through an attentive and serious control upon delivery or within the five following days.

We guarantee the products we sell against hidden defects for a three-month period starting from the delivery date. This warranty is subject to the following conditions:

– The defect significantly renders the product unfit for the use for which it is usually destined or to a special use specifically mentioned in the special sales conditions;

– the product is used in normal conditions; the guarantee will only be applicable if maintenance and use conditions communicated upon the sale were not fulfilled.

In order to be able to invoke the benefit of the warranty, the buyer must notify any complaint relative to hidden defects via registered mail within a maximum delay of 2 months after having noted or should have noted the aforementioned defect(s).

Our warranty is limited, at our choice, to reimbursing or replacing the defective goods. Buyers shall have to send back – at their own cost and risks – the defective goods to our premises where the latter will either be repaired or replaced. We shall take charge of return costs to the buyer’s address if it appears that the merchandise proves defective.

Buyers active for private purposes enjoy legal rights according to the law of 1 September 2004 on the protection of consumers in the event of consumer goods. The present warranty is applicable without prejudicing consumers’ rights.

8. Disputes

In the event of dispute between the parties or legal actions to obtain payment, the courts of the entity where our headquarters are located will be solely competent.

9. Severability clause

Non-validity or the illegality of one of the clauses foreseen in the contracts (general and special conditions) agreed between the parties does not lead any invalidity or nullity of the other conditions of the contract signed between the parties, and other clauses apply in full.

Special conditions

The following conditions complete our general sales conditions. They are more specifically focused on sales via our Internet site www.color13.com.

A. Client information

Color13.com tries to present as best as possible the essential characteristics of its product files. The manufacturers communicated the information provided by color13.com. Any description (photographs, texts, graphics, information and characteristics) illustrating the presented products is indicative.

All our prices are given subject to evident typological error. Should an error occur, color13.com will contact the client to warn them and will remind the client that the order will be invoiced at the modified conditions. In the event of refusal of the new conditions, the client will be entitled to cancel the corrected order without any penalty.

B. Respect of intellectual property rights

Upon a personalised order, the client asserts that the visuals used are free from third party copyrights.

In the event of a complaint for copyright violation by a third party, Single Design sprl may not take responsibility. The client is fully liable and will have to reimburse color13.com for all costs incurred in a lawsuit or judicial proceedings.

C. Retraction

Buyers enjoy a retraction delay of 15 days from the delivery date of their order to return the goods and require the exchange or reimbursement without costs. Shipping costs will not be assumed by the website color13.com.

Upon ordering, the client accepts to provide the information asked and vouches for the truthfulness of such information.

The client must verify all the information entered upon the order (product ordered, delivery address, invoicing address, telephone contact details…) and declares to be of full age.
Color13.com will not be held responsible for typos and data entering errors and the consequences of het latter in terms of delay or error in delivery. Thus, should the delivery not take place because of a data entering error by the client, the forwarding costs will be at the sole charge of the client and the delivery delays will be differed.

Color13.com will not be held responsible to a client or third party of any indirect damage, loss of profit or turnover having occurred in any way.

Color13.com reserves the right to refuse performing a delivery or to honour an order from a client who would not have settled a previous order in full or with whom a payment dispute is underway.

D. Responsibility

Color13.com’s responsibility to the general conditions of sales may not exceed a sum equal to the amounts paid or payable during the transaction at the origin of the said responsibility, regardless of the cause or form of the concerned dispute.

All elements on the site www.color13.com are and remain the sole and exclusive intellectual property of Single Design sprl. No one is authorised to reproduce, exploit, rebroadcast or use, on any basis whatsoever, and even partially, elements of the aforementioned site, whether these elements are software devices, images or sounds.