It is hereby specified that these terms and conditions govern sales made by SARL PSDV on the e-commerce website www.colorfulblack.com.
The Colorful Black brand and trade name are the property of SARL PSDV.
The registered office of SARL PSDV is located at 7 rue Poissonnière 75002 Paris (France).
SARL PSDV - capital €50,000 - is registered with the Paris Trade and Companies Register.
- Siret n° 53112660500025
- Intracommunity VAT number: FR15531126605
ARTICLE 1 – PURPOSE
These general terms and conditions of sale are intended, on the one hand, to inform any potential consumer about the conditions and terms under which the seller sells and delivers ordered products, 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 website www.colorfulblack.com.
Consequently, the act of any person ordering a product offered for sale on the website www.colorfulblack.com implies full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having read prior to placing their order. All other conditions than those set out herein are binding on the seller only after written confirmation from the seller. The general terms and conditions of sale may be modified at any time without prior notice, provided they are displayed on the www.colorfulblack.com website and take effect on that date.
ARTICLE 2 – PRICES
Product prices 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 the importer of the product(s) concerned. Customs duties or other local taxes or import duties or purchase taxes may be required. These duties and sums are not the responsibility of SARL PSDV and are the sole responsibility of the Buyer. Any order, regardless of its origin, is payable in Euros. SARL PSDV reserves the right to modify its prices at any time. Products will be invoiced on the basis of the rates in force at the time the orders are registered. Products remain the property of SARL PSDV until full payment is received.
ARTICLE 3 – PRODUCTS / ORDER
In accordance with ARTICLE L 111-1 of the Consumer Code, the Buyer may, prior to placing an order, become aware of the essential characteristics of the product(s) they wish to order on the website www.colorfulblack.com.
Offers presented by SARL PSDV are valid within the limits of available stock. For products not stocked in its warehouses, offers presented by SARL PSDV are valid subject to availability from its suppliers. In the event that a product is out of stock, SARL PSDV will contact the buyer to offer an equivalent alternative. If the buyer is not satisfied with this offer, SARL PSDV undertakes to fully refund them as soon as possible.
SARL PSDV reserves the right to modify the assortment of products presented on www.colorfulblack.com, particularly according to constraints related to its suppliers.
The photographs and graphics of the products offered for sale are for illustrative purposes only and do not bind the seller. In the event that a supplier modifies a product, its graphic representation cannot engage the seller's responsibility or affect the validity of the sale. The same applies to the composition, which may be modified by the supplier without prior notice. All products offered for immediate purchase (with the possibility of adding to the basket) on the website www.colorfulblack.com are available (in reasonable volumes) and their delivery time depends on the processing time and then the shipping by the carrier selected by the Buyer. Orders are not administratively processed on Saturdays, Sundays, and public holidays.
By placing an order, the Buyer agrees to accept all of these general terms and 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 fully refunded. The prices in force are those indicated on the website at the time the order is validated.
From the moment the Buyer has validated their order, they are considered to have knowingly and unreservedly accepted these general terms and 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 email. The sale will only be considered final after www.colorfulblack.com has sent the order confirmation to the Buyer and has received full payment. If no payment is received within 30 days of your order, it will be automatically cancelled.
ARTICLE 4 - SHIPPING / DELIVERY
For in-stock products, SARL PSDV will make its best efforts to ship the order within an average of two (2) working days after order validation.
In case of stock error, SARL PSDV will inform the Buyer by email and/or phone. 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 their entire order and receive a refund.
The standard delivery method for Metropolitan France and Monaco is Colissimo. For French overseas departments and territories (DOM-TOM), we ship via 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 French Overseas Territories and internationally, the delivery time is between 4 and 15 days depending on the destination (delays are possible, especially at customs, and even if the indicative times are often what we observe, no guarantee is provided by Colissimo in case of delay). If you are not at home or if your mailbox is not suitable, you will receive a delivery notice and your package will await you at your post office. In case of unusual delay, due for example to a stockout, an email will be sent to you.
Despite all the care taken by SARL PSDV in preparing packages, a product may be missing. Similarly, after package transport, one of the products may prove to be defective.
If the aforementioned conditions are met, SARL PSDV will then proceed either to exchange or refund the defective product(s), or to reship the missing product(s). This is subject to the validity of the Buyer's request.
With Colissimo, the Buyer has the choice between different delivery methods in Metropolitan France (choice to be made before payment validation):
- Delivery to the address chosen by the Buyer, against signature. The package is handed over in person. If the Buyer is not available to receive the package, it will be made available to the Buyer at the post office to which they are attached. The Buyer thus has 10 days from the package's arrival at the post office to collect it. After this period, it will be returned to the sender. Any reshipment will be at the Buyer's expense. In case of order cancellation, the shipping costs actually paid by SARL PSDV will be deducted from the refund amount.
- Delivery to a Pick-Up Station. These spaces are automated package collection points generally accessible 24/7. The Buyer will be informed of their package's availability by SMS. This SMS will provide the Buyer with their collection codes allowing them to collect their package within 3 days. After this period, their package will be returned to the sender. Any reshipment will be at the Buyer's expense. In case of order cancellation, the shipping costs actually paid by SARL PSDV will be deducted from the refund amount.
- Delivery to a merchant relay point or post office. The Buyer can choose the relay point where they wish to be delivered (without prior visit from the postman at home). The Buyer will be informed of their package's availability by SMS or email and invited to collect their package within 10 days. After this period, the package will be returned to the sender. Any reshipment will be at the Buyer's expense. In case of order cancellation, the shipping costs actually paid by SARL PSDV will be deducted from the refund amount. Note that in case of exceptional closure of the relay point or any other unforeseen reason during delivery, your package may be deposited at another relay point, close to the initially chosen relay point.
For urgent orders, we offer delivery by Chronopost or DHL (depending on the country). In France and abroad, this type of delivery is made to your home against signature. In case of absence when the delivery person calls, the Buyer will be responsible for requesting a new delivery from the carrier (if possible) or picking up the package at a collection point. If the retention period is exceeded, the package will be returned to the sender. Any re-shipment will be at the Buyer's expense. In case of order cancellation, the shipping costs actually paid by SARL PSDV will be deducted from the refund amount.
ATTENTION: your order must be validated before 13:00 for us to have time to prepare the package. Orders are shipped from Monday to Friday (no shipping on Saturdays, Sundays or public holidays).
ARTICLE 5 – SHIPPING COSTS
For standard shipping in Metropolitan France and Monaco, delivery is via Colissimo. It is charged at a flat rate and includes shipping and packaging costs. The amount of shipping costs is clearly stated to the Buyer in the shopping cart (visible on all pages of the site) and before validating their order.
Once the customer account has been created with the exact delivery address, the www.colorfulblack.com website indicates the applicable shipping costs to the destination.
For urgent deliveries in Metropolitan France, we also offer Chronopost delivery, the next day before 1 p.m. The amount charged is a flat rate and clearly indicated before order validation.
Please note that for delivery to Overseas Territories and certain destinations in Europe, the shipping costs vary depending on the weight of the package. These shipping costs are clearly specified to the Buyer before validating their order.
For any specific transport request, the Buyer may contact SARL PSDV (by phone at 00 33 1 42 36 54 14 or by email at info@colorfulblack.com).
ARTICLE 6 – PAYMENT
Payment must be made by the Buyer at the time of order. At no time can the sums paid be considered as deposits or down payments.
The total amount of the order will be collected by SARL PSDV at the time the order is validated.
All orders are payable in Euros.
Purchases are paid for at the time of order, by credit card (Visa, Mastercard) on the secure area of Payplug or Scalapay.
The Buyer guarantees SARL PSDV that they have the necessary authorizations to use the payment method they have chosen when registering the order form. SARL PSDV reserves the right to suspend or cancel any order and/or delivery, whatever its nature and stage of execution, in the event of non-payment of any sum due by the Buyer or in the event of a 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, physically takes possession of the last good.
You will have to bear the direct costs of returning the goods. The Buyer will ensure that the product(s) are returned adequately protected or will hand them over in person at the Colorful Black store at 7 rue Poissonnière 75002 PARIS. Any shipping costs paid by the Buyer at the time of the order may be reimbursed proportionally.
Exception to the right of withdrawal
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 liable 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 statement (e.g. letter sent by post, fax or email) by post to Colorful Black, 7 rue Poissonnière 75002 Paris, France, by phone at 00 (33) 1 42 36 54 14 or by email at info@colorfulblack.com. You may use the withdrawal form template, but this is not mandatory.
For the withdrawal period to be respected, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
REMINDER :
L. 221-23: The consumer returns or restores the goods to the professional or a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of their decision to withdraw in accordance with Article L. 221-21, unless the professional offers to collect these goods themselves.
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 they are informed of the consumer's decision to withdraw.
For sales contracts for goods, unless they offer to collect the goods themselves, the professional may defer reimbursement until the goods have been recovered or until the consumer has provided proof of shipment of these goods, the date chosen being that of the first of these facts.
The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to them using another means of payment and insofar as the reimbursement does not incur costs for the consumer.
The professional is not required to reimburse additional costs if the consumer has expressly chosen a delivery method more expensive than the standard delivery method offered by the professional.
The consumer only bears the direct costs of returning the goods, unless the professional agrees to bear them.
ARTICLE 8 - CUSTOMER SERVICE
For any information or questions regarding our products or tracking your order, our Customer Service is at your disposal by phone, 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 (info@colorfulblack.com).
ARTICLE 9 - INTELLECTUAL PROPERTY
All texts, comments, illustrations and images reproduced on the SARL PSDV website are reserved under copyright and intellectual property rights worldwide. This is why, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or more restrictive provisions of the intellectual property code.
Any other use constitutes infringement and is punishable under Intellectual Property law, unless prior authorization is obtained from SARL PSDV. Any total or partial reproduction of the SARL PSDV catalog is strictly prohibited.
ARTICLE 10 – LIABILITY
The products offered comply with current French legislation. 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 the Buyer's responsibility to check with local authorities the possibilities of importing or using the products they intend to order. The photographs and texts reproduced (including compositions indicated by 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 description of the products. SARL PSDV cannot be held responsible for the non-performance of the concluded contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications, flood, fire. SARL PSDV shall not incur any liability for any indirect damage resulting from these presents, loss of operation, loss of profit, loss of opportunity, damage or costs.
Hypertext links may refer to sites other than www.colorfulblack.com. SARL PSDV disclaims all responsibility if the content of these sites contravenes the legal and regulatory provisions in force.
ARTICLE 11 - LEGAL GUARANTEES
It is understood that all products sold 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 defective or non-compliant products delivered free of charge.
11.1 Legal guarantee of conformity
The French consumer code stipulates the following in terms of the legal guarantee of conformity: Article L217-4: "The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was carried out under their responsibility or was charged to them by the contract."
Article L211-5: "To be in conformity with the contract, the goods must:
- Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller 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 their representative, particularly in advertising or labelling.
- Or present the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code: Any action resulting from a lack of conformity must be brought within two years from the delivery of the goods.
11.2 Guarantee against hidden defects
The French Civil Code provides the following in terms of guarantee against hidden defects:
Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the sold item that render it unfit for the use for which it is intended, or that diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, had they known about them.
Article 1648, first paragraph, 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 forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.
11.3 Exclusion of warranties
All products sold by Colorful Black benefit from the legal guarantees of conformity and against hidden defects provided by current French legislation.
The warranty exclusively covers manufacturing or operating defects found under normal use and in accordance with the instructions provided with the product.
The warranty does not cover, in particular:
- Damage resulting from impact, fall, crushing, or any other mechanical stress.
- Cracks, breaks, ruptures, or deformations of casings, plastics, accessories, or external elements of the product.
- Damage caused by misuse, use not in accordance with the manufacturer's recommendations or the instructions in the manual.
- Damage resulting from a lack of maintenance, inadequate cleaning, or use under abnormal conditions.
- Damage caused by modification, repair, or disassembly carried out by an unauthorized person.
- Normal wear and tear of the product related to its use.
Any request for warranty coverage may require sending photographs, videos, or returning the product for expert assessment.
In case of doubt about the origin of the damage, Colorful Black may seek the opinion of the manufacturer or a competent technical service to determine if the defect falls under the warranty.
When the expert assessment concludes that the damage resulted from an impact, fall, misuse, or any other external cause to the product, warranty coverage may be refused.
Electrical Products
Electrical products must be used in accordance with the safety and maintenance instructions provided in their manual.
The user is particularly required to keep the air inlets and outlets clean, not to use the product under conditions incompatible with the manufacturer's recommendations, and not to carry out repairs or modifications themselves.
Any physical deterioration of the product (cracked, broken, or deformed casing) resulting from impact or external stress is excluded from the warranty.
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, French courts shall have sole jurisdiction.
In accordance with the provisions of Articles L.612-1 and following of the Consumer Code, the Customer has the right to freely resort to a consumer mediator for the amicable resolution of a dispute with the company PSDV SARL after a written complaint has remained without satisfactory solution.
The consumer mediator designated by PSDV SARL is:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
Address: 49 Rue de Ponthieu, 75008 Paris
Website: https://www.cm2c.net
e-mail: cm2c@cm2c.net
The Customer can submit their mediation request directly online on the mediator's website or by postal mail to the address indicated above.
Mediation is a free service for the consumer. Each party remains free to accept or refuse the solution proposed by the mediator.
ARTICLE 13 - PERSONAL DATA
SARL PSDV undertakes not to disclose to third parties the information you provide. This information is confidential. In accordance with the Data Protection Act of January 6, 1980, you have the right to access, rectify, and object to your personal data. To do this, simply send us a request by email to info@colorfulblack.com or by mail (indicating your first name, last name, and address) to COLORFUL BLACK – 7 rue Poissonnière 75002 PARIS (FRANCE).
ARTICLE 14 – PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other provisions shall retain their full force and scope.
ARTICLE 15 – NON-WAIVER
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted in the future as a waiver of the obligation in question.
ARTICLE 16 – LOYALTY PROGRAM & PRODUCT REVIEWS
Colorful Black offers a loyalty system that allows you to accumulate points. These can then be converted into discount vouchers valid on the website or in store. Posting product reviews, in particular, allows you to accumulate points. Please note that we reserve the right to block a user account in the event of spam / continuous posting of reviews (with possible deletion of discounts acquired in this way).