General Terms and Conditions (GTC)
It is specified beforehand that the present conditions govern the sales made by the company SARL PSDV on the e-commerce site www.colorfulblack.com.
The Colorful Black brand and sign are the property of SARL PSDV.
The head office of SARL PSDV is located at 7 rue Poissonnière 75002 Paris (France).
SARL PSDV - capital €50,000 Euros - is registered with the Paris Trade and Companies Register.
- Siret no. 53112660500025
- Intra-community VAT number: FR15531126605
ARTICLE 1: OBJECT
The purpose of these general conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered, and on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales on the www.colorfulblack.com site.
Consequently, the fact for any person to order a product offered for sale on the site www.colorfulblack.com implies full acceptance of these general conditions of sale, of which the Buyer acknowledges having read prior to his order. All other conditions than those stated herein are binding on the seller only after written confirmation from him. The general terms and conditions of sale are subject to change at any time without notice, provided that they appear on the website www.colorfulblack.com and take effect on that date.
ARTICLE 2 – PRICE
The prices of the products are indicated in Euros and are subject to the VAT in force in France (20%). These prices do not include processing and shipping costs. In the event of an order to a country other than metropolitan France, you are considered to be the importer of the product(s) concerned. Customs duties or other local taxes or import duties or purchase taxes may be required. These rights and sums are not the responsibility of SARL PSDV, they are the sole responsibility of the Buyer. Any order, whatever its origin, is payable in Euros. SARL PSDV reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the registration of the orders. The products remain the property of SARL PSDV until their full payment.
ARTICLE 3 – PRODUCTS / ORDER
In accordance with ARTICLE L 111-1 of the Consumer Code, the Buyer may, prior to his order, take note of the essential characteristics of the product(s) he wishes to order on the website www.colorfulblack.com.
The offers presented by SARL PSDV are valid within the limits of available stocks. For products not stored in its warehouses, the offers presented by SARL PSDV are valid subject to availability from its suppliers. In the event that a product is out of stock, proposes to contact the buyer in order to offer him an equivalent offer. In the event that the buyer is not satisfied with this offer, SARL PSDV undertakes to reimburse him in full, as soon as possible.
SARL PSDV reserves the right to modify the assortment of products presented on www.colorfulblack.com depending in particular on the constraints linked to its suppliers.
The photographs and graphics of the products offered for sale are only indicative and do not bind the seller. In the event that a supplier modifies a product, the graphic representation of it cannot engage the responsibility of the seller or even affect the validity of the sale. Ditto for the composition, subject to change by the supplier without notice. All products offered for immediate purchase (with the possibility of adding to the basket) on the www.colorfulblack.com site are available (in reasonable volumes) and their delivery time depends on the processing time and then delivery by the carrier selected by the Buyer. Orders are not administratively processed on Saturdays, Sundays and public holidays.
By placing his order the Buyer agrees to accept all of these general conditions of sale. SARL PSDV reserves the right to refuse or cancel an order. In this case, any sum paid by the buyer will be refunded in full. The prices in force are those indicated on the website at the time the order is validated.
From the moment the Buyer has validated his order, he is considered to have accepted knowingly and without reservation these general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered. The Buyer's order must be confirmed by www.colorfulblack.com, by e-mail. The sale will only be considered final after www.colorfulblack.com has sent the Purchaser confirmation of the order and has received the full price. If no payment has been received within 30 days of your order, it will be automatically cancelled.
ARTICLE 4 - SHIPPING / DELIVERY
For products in stock, SARL PSDV will make its best efforts to ensure that the order is shipped within an average of two (2) working days after validation of the order.
In the event of a stock error, SARL PSDV will inform the Buyer by email and/or telephone. Depending on the Buyer's choice, the missing product(s) will be refunded and the rest of the order will be shipped. The Buyer may also choose to cancel his entire order and receive a refund.
The standard delivery method for Metropolitan France and Monaco is Colissimo, for the DOM-TOM we ship by Colissimo Expert Outre-Mer (delivery against signature). Colissimo Expert International is the standard delivery method to the rest of the world, with delivery against signature.
Delivery times for Metropolitan France are generally 2 to 3 working days after dispatch. For delivery to Dom-Tom and International, the deadline is between 4 and 15 days depending on the destination (delays are possible, especially in customs and even if the indicative deadlines are often those observed , no guarantee is provided by Colissimo in the event of delay). If you are not at home or if your mailbox is not appropriate, you will receive a transit advice note and your package will be waiting for you at your post office. In the event of an unusual delay, due to a shortage of stock for example, an email will be sent to you.
Despite all the care taken by SARL PSDV in the preparation of packages, it is possible that a product is missing. Similarly, after transporting the package, one of the products may prove to be defective.
If the aforementioned conditions are met, SARL PSDV will then either exchange or refund the defective product(s), or reship the missing product(s). This subject to the merits of the Buyer's request.
With Colissimo, the Buyer has the choice between different delivery methods in Metropolitan France (choice to be made before validation of payment):
- Delivery to the address chosen by the Buyer, against signature. The package is delivered by hand. If the Buyer is not available to receive the parcel, it will be made available to the Buyer in the post office to which it is attached. The Buyer thus has 10 days from the arrival of the package at the post office to come and collect it. After this time, it will be returned to sender. Any reshipment will be at Buyer's expense. In the event of cancellation of the order, the shipping costs actually paid by SARL PSDV will be deducted from the amount of the refund.
- Delivery in Pick-Up Station. These spaces are automatic parcel pick-up sites that are generally accessible 24/7. The Buyer will be informed of the availability of his parcel by SMS. The latter will specify to the Buyer his withdrawal codes allowing him to withdraw his package within 3 days. After this time, his package will be returned to the sender. Any reshipment will be at Buyer's expense. In the event of cancellation of the order, the shipping costs actually paid by SARL PSDV will be deducted from the amount of the refund.
- Delivery to a merchant relay point or post office. The Buyer can choose the relay point in which he wishes to be delivered (without prior passage of the postman at home). The Buyer will be informed of the availability of his package by SMS or email and invited to collect his package within 10 days. After this time, the package will be returned to the sender. Any reshipment will be at Buyer's expense. In the event of cancellation of the order, the shipping costs actually paid by SARL PSDV will be deducted from the amount of the refund. Note that in the event of exceptional closure of the relay point or other unforeseen reason during delivery, it is possible that your package will be deposited in another relay point, close to the relay point chosen initially.
For urgent orders, we offer delivery by Chronopost or DHL (depending on the country). In France and abroad, this type of delivery is made at home against signature. In case of absence during the passage of the delivery person, the Buyer will take care of requesting a new delivery from the carrier (if possible) or will collect the package from a collection point. If the retention period is exceeded, the parcel will be returned to the sender. Any reshipment will be at Buyer's expense. In the event of cancellation of the order, the shipping costs actually paid by SARL PSDV will be deducted from the amount of the refund.
PLEASE NOTE: your order must be validated before 1:00 p.m. to give us time to prepare the package. Orders are shipped Monday through Friday (no shipping on Saturdays, Sundays or holidays).
ARTICLE 5 – SHIPPING COSTS
For a classic shipment in Metropolitan France and Monaco, delivery is made by Colissimo. It is invoiced at a flat rate and includes postage and packing costs. The amount of the shipping costs is clearly specified to the Buyer in the basket (visible on all the pages of the site) and before validation of his order.
Once the customer account has been created with its exact delivery address, the www.colorfulblack.com site indicates the shipping costs applicable to the destination.
For your urgent deliveries in Metropolitan France, we also offer delivery by Chronopost, the next day before 1 p.m. The amount invoiced is fixed and clearly indicated before validation of the order.
Please note that for delivery to overseas territories and certain destinations in Europe, the amount of shipping costs varies according to the weight of the package. These shipping costs are clearly specified to the Buyer before validation of his order.
For any specific transport request, the Buyer may contact SARL PSDV (by telephone on 00 33 1 42 36 54 14 or by email at email@example.com).
ARTICLE 6 – PAYMENT
Payment must be made when ordering by the Buyer. At no time can the sums paid be considered as a deposit or down payment.
The collection of the entire amount of the order will be made by SARL PSDV at the time of validation of the order.
All orders are payable in euros.
Payment for purchases is made, when ordering, by bank card, Visa, Mastercard on the secure area of Payplug or Scalapay.
The Buyer guarantees SARL PSDV that he has the necessary authorizations to use the method of payment he has chosen, when registering the order form. SARL PSDV reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of payment incident.
SARL PSDV reserves the right to request a photocopy of the Buyer's identity card.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.
ARTICLE 7 - RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
You will have to bear the direct costs of returning the goods. The Buyer will make sure to return the product(s) suitably protected or deliver them by hand to the Colorful Black shop 7 rue Poissonnière 75002 PARIS. Any shipping costs paid by the Buyer when placing the order may be refunded on a pro rata basis.
Exception to the right of withdrawal
The exercise of the right of withdrawal is excluded for the following contracts:
- Contracts for the supply of goods made to the consumer's specifications or clearly personalized;
- Contracts for the supply of goods likely to deteriorate or expire rapidly;
- Contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example letter sent by post, fax or e-mail) by post to the address Colorful Black, 7 rue Poissonnière 75002 Paris, France, by phone at 00 (33) 1 42 36 54 14 or by email at firstname.lastname@example.org. You can use the model withdrawal form but it is not mandatory.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
L. 221-23: The consumer sends back or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with the Article L. 221-21, unless the professional offers to recover these goods himself.
L221-24: When the right of withdrawal is exercised, the professional reimburses the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless he offers to recover the goods himself, the trader may defer reimbursement until the goods are recovered or until the consumer has provided proof of shipment of these goods, the date chosen being that of the first of these events.
The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another means of payment and insofar as the reimbursement does not give rise to cost to the consumer.
The professional is not obliged to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them.
ARTICLE 8 - CUSTOMER SERVICE
For any information or question relating to our products or the follow-up of your order, our Customer Service is at your disposal by telephone, on a non-surcharged number (01 42 36 54 14 / 00 33 1 42 36 54 14), by chat on the website, via the contact form or by email (email@example.com).
ARTICLE 9 - INTELLECTUAL PROPERTY
All texts, comments, illustrations and images reproduced on the SARL PSDV site are reserved under copyright as well as intellectual property and for the whole world. This is why and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the intellectual property code.
Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization from SARL PSDV. Any total or partial reproduction of the SARL PSDV catalog is strictly prohibited.
ARTICLE 10 – LIABILITY
The products offered comply with the French legislation in force. SARL PSDV cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is up to the Buyer to check with the local authorities the possibilities of importing or using the products he plans to order. The photographs and texts reproduced (in particular the compositions indicated by the manufacturers) and illustrating the products presented are not contractual. Consequently, SARL PSDV cannot be held liable in the event of an error in the illustrations or the description of the products. SARL PSDV cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike in particular of the postal services and means of transport and/or communications, flood, fire. SARL PSDV will not incur any liability for any consequential damages as a result of these presents, operating loss, loss of profit, loss of opportunity, damages or costs.
Hypertext links may refer to sites other than the www.colorfulblack.com site. SARL PSDV disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
ARTICLE 11 - LEGAL GUARANTEES
It is understood that all products for sale on www.colorfulblack.com benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Buyer to return free of charge the products delivered which are defective or non-compliant.
11.1 Legal guarantee of conformity
The French consumer code provides the following in terms of the legal guarantee of conformity: Article L217-4: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L211-5: “To comply with the contract, the goods must:
- Be fit for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
11.2 Warranty against hidden defects
The French civil code provides the following in terms of warranty against hidden defects:
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
11.3 Disclaimer of Warranties
Products modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover products damaged due to misuse.
ARTICLE 12 - APPLICABLE LAW - DISPUTES
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
ARTICLE 13 - PERSONAL INFORMATION
SARL PSDV undertakes not to disclose to third parties the information that you communicate to it. These are confidential. In accordance with the data-processing law and freedoms of January 6, 1980, you have a right of access, rectification, and opposition to the personal data concerning you. To do this, simply send us a request by email at firstname.lastname@example.org or by post (indicating your surname, first name and address) to COLORFUL BLACK – 7 rue Poissonnière 75002 PARIS (FRANCE).
ARTICLE 14 – PARTIAL NON VALIDITY
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and scope.
ARTICLE 15 – NON-WAIVER
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver to the obligation in question.
ARTICLE 16 – LOYALTY PROGRAM & PRODUCT REVIEWS
Colorful Black offers a loyalty system to accumulate points. These can then be converted into discount vouchers valid on the website or in the store. Posting reviews on products allows you to earn points. Note that we reserve the right to block a user account in the event of spam / publication of chain reviews (with possible removal of discounts acquired in this way).