TERMS & CONDITIONS

ColorCaly JC with commercial registration at Luxembourg RCS A42043, imports and sells items around Europe on its website and directly.

The offer and the sale of items on the ColorCaly JC E-shop to the customers (users) are subject to the General Terms and Conditions as outlined below, which describe the conditions for orders, payment, delivery and returns.

For further questions, customers may contact ColorCaly JC customer service department by writing to colorcaly@gmail.com or calling to the ColorCaly JC phone +352691611327.

For all other legal information, please refer to the Returns and Privacy Policy sections.

 

Article 1. Commercial Policy

ColorCaly JC operates its own e-commerce business and sells items to final consumers through its E-shop.

The term “consumers” refers to private, competent individuals of legal age who are not under guardianship or curatorship and whose purchases are not being made for business or professional reasons.

In accordance with this stated commercial policy, ColorCaly JC reserves the right to cancel any orders from individuals who do not meet the definition of consumer as described above or orders that do not comply with this commercial policy.

These General Conditions of Sale apply only to the offer, confirmation of orders and payment, delivery and return of items ordered by customers fromColorCaly JC E-Shop.

By choosing to purchase items from the ColorCaly E-Shop, customers expressly and irrevocably accept the terms of these General Terms and Conditions.

These General Terms and Conditions take precedence over any other general conditions that have not been expressly approved by ColorCaly JC.

ColorCaly JC reserves the right to modify these General Terms and Conditions. The applicable conditions shall be those in effect at the date the customer places the order.

Article 2. Types of items sold

The items available for purchase are those shown on the ColorCaly JC E-Shop.

Each item has a description written by ColorCaly JC which customers can access by simply clicking on the item.

While every effort has been made to ensure the item photos and descriptions are as accurate as possible, they may not be identical to the image, particularly in terms of colors.

Customers shall not be entitled to compensation and ColorCaly JC shall in no way be held responsible for any differences or errors found, particularly technical or typographical errors.

 

Article 3. Placing orders

A)  The online ordering platform is available in English.

B)  To order one or more items from the E-Boutique, customers must: 

  1. Fill out the customer e-form with the required personal information. 

  2. Confirm their order after verifying the order and correcting any errors. 

  3. Pay the order online with the payment tools provided by ColorCaly E-Shop.

C)  By confirming their order, customers accept these General Terms and Conditions, including the Privacy Policy, and confirm they understand them and waive any right to invoke any other conditions. A hyperlink is shown during the checkout process to remind customers of these conditions.

All information provided by the customer and the saved order confirmation shall serve as proof of the transaction. The confirmation shall be equivalent to signature and acceptance of the transaction.

 

Article 4. Order processing

After the final confirmation, the order is considered final by ColorCaly JC and returns may only be made according to the conditions outlined below and just during 15 days. Then no return is accepted.

 

Article 5. Order confirmation

If ColorCaly JC is unable to ship any order within 5 working days, customers will receive a follow-up email notifying them of the expected shipping date. If the customer finds the new ship date unacceptable, they can cancel part or all of their order by replying to the email within 24 hours to tell us which item(s) they no longer want.

If a customer cancels one or more items, their account will not be charged for the cancelled item(s). A follow-up email detailing the revised order will be sent to the customer.

If the customer does not contact us, we shall assume that they accept the new shipping date. The order will be processed and the customer’s account will be charged.

ColorCaly JC shall not be held liable if a product is backordered or no longer available.

ColorCaly JC recommends that customers keep a record of the confirmation email (either electronic or paper) as proof of their order.

 

Article 6. Selling prices

Item prices are given in Euros and include all taxes but do not include shipping fees.

Shipping fees as indicated in Article 10 below are to be paid by the customer and are billed in addition to the item selling prices.

Item prices are subject to change at any time. The selling price given for each item corresponds to the price shown in the E-Shop at the time of order, unless a typographical error has occurred.

Any change in the Value Added Tax (VAT) rate shall be immediately applied to the item selling. price.

 

Article 7. Forms of payment and billings

A) All purchases made on the E-Shop must be paid for at the time of order.

B) Payment will be exclusively performed in Euros.

C) ColorCaly JC accepts the payment via Credit card payment. The customer’s credit card will only be charged when their order is processed. If certain items are unavailable, the customer will only be charged for available products and shipping fees. 

(a) This information will never be used by ColorCaly JC for purposes other than completing customer orders, issuing refunds for returned items or notifying the relevant authorities in the event of fraudulent transactions on the E-Shop. 

(b) ColorCaly JC reserves the right to cancel any order or shipment if payment is refused by the customer’s credit card company.

(c) ColorCaly JC reserves the right to refuse delivery or fulfilment of an order placed by customers with outstanding balances on prior orders or with whom a payment dispute is pending.

(d) ColorCaly JC reserves the right to prosecute any customer using or attempting to use fraudulent forms of payment.

 

Article 8. Shipping conditions

Items are shipped to the address indicated by the customer at the time of order. Items may only be shipped within the delivery zone.

The delivery zone is European Countries.

Shipping is handled by carrier.

If the customer is not available at the time of delivery, a notice will be left in their mailbox informing them of the attempted delivery and asking them to pick up their package from the carrier.

Delivery is considered as completed on the date the carrier attempted to deliver the package to the shipping address indicated by the customer at the time of order.

Customers must sign a delivery confirmation slip to receive their package.

Customers should check the packaging and ensure the items are in good condition before signing the delivery slip. Any issues or damage arising from shipping, such as damaged or missing items, must be noted on the delivery slip before being signed by the customer.

The customer must send a claim letter describing the detected issue or damage by registered mail with acknowledgement of receipt to the carrier with a copy sent to ColorCaly JC within fifteen (15) working days of the date of delivery of the item(s).

If a claim is not made within the 15-day limit, the item(s) delivered shall be considered as being in good condition and accepted by the customer.

No damaged or defective item may be exchanged before it is returned to and processed by ColorCaly JC , in the same condition in which it was delivered by the carrier and in its original packaging.

 

Article 9. Delivery times

Delivery times are estimated.

If an item cannot be shipped by ColorCaly JC  within the delivery times indicated at the time of order, the customer will be offered a refund for their purchase or a replacement item of the same value.

ColorCaly JC shall not be held liable in the event of late delivery for any reason and customers shall not be entitled to compensation from ColorCaly JC 

 

Article 10. Shipping fees

The shipping fees are indicated on the site and their cost for a certain order is displayed when the order is registered. They include the costs of packing, handling and delivery.

 

Article 11. Returns

Customers have fifteen (15) days from the date of delivery of their order to make a return.

Customers may return the item(s) they do not want within this time period and at their own expense. Returns will only be accepted by ColorCaly JC if: 

  1. Prior to any return, the customer has contacted ColorCaly JC  about the return 

  2. The returned item(s) are unused, unaltered, unwashed and undamaged (c) The returned item(s) are in their original packaging 

  3. The returned item(s) are sent in a single package

 

ColorCaly JC reserves the right to refuse items from a single order if returned at different times.

If the return is made according to the abovementioned conditions, ColorCaly JC shall refund any amounts already charged to the customer upon receipt of the items (excluding shipping fees).

Any amounts due shall be refunded as quickly as possible and within thirty (30) working days of the date the customer notifies ColorCaly JC of the return regardless of the payment way used.

If the above return conditions are not met, the customer may ask ColorCaly JC to return the items to them, at the customer’s own expense, in the same condition the items were returned to ColorCaly JC.

 

Article 12. Customer service

For questions or claims, customers may contact ColorCaly JC by phone at +352 691 611 327 or email at colorcaly@gmail.com

 

Article 13. Right of ownership and transfer of risks 

ColorCaly JC reserves the right of ownership of the item(s) shipped until payment of the price, principal and interest.

Merely providing a form of payment does not constitute payment.

If the customer does not fulfil their payment obligations, for any reason whatsoever, ColorCaly JC shall have the right to immediately recover the item(s) shipped at the customer’s expense.

The abovementioned conditions shall not waive the transfer of risks of loss or damage of the item(s) to the customer. The customer shall be liable for the risks of loss or damage from the time the product(s) leaveColorCaly JC ’s premises.

 

Article 14. Force majeure

ColorCaly JC shall not be held liable for being unable to fulfil its contractual obligations due to force majeure events, such as natural catastrophes, fire, internal or external strikes, internal or external system failures or more general external unforeseen and unavoidable circumstances that prevent the proper execution of orders.

 

Article 15. E-Shop use

All content on the ColorCaly JC  E-Shop is and shall remain the exclusive intellectual property of ColorCaly JC.

No individual is authorized to reproduce, exploit, redistribute or use for any reason, even partially, content from the E-Shop including software, visuals or sound.

The use of any hypertext link is strictly forbidden without ColorCaly JC ’s express prior written agreement.

With regards to the online sales process, ColorCaly JC merely has a best-efforts obligation to provide the service. It shall not be held liable for any damage caused by the use of the internet such as data lost, hacking, virus, disrupted service or other issues beyond its control.

 

Article 16. Personal information 

In line with the Luxembourgish law of 2 August 2002 on data protection data files and civil liberties, personal information collected about customers may be subject to automated processing.

ColorCaly JC reserves the right to collect information about customers, including through the use of cookies, and to share that information with third parties within the framework of the proper functioning of its operational activities.

Customers have the right to access and modify their personal information in accordance with the Luxembourgish law of 2 August 2002.

Customers may review these conditions in full under the Privacy Policy section. For more information about personal information processing, customers may contact ColorCaly JC by email at colorcaly@gmail.com.

In the exceptional case of unpaid or fraudulent means of payment, ColorCaly JC reserves the right to communicate all necessary data to the police, competent courts and recovery organisation.

 

Article 17. Archiving & records

ColorCaly JC  will archive orders and invoices using a reliable and durable system to maintain copies.

ColorCaly JC electronic records shall be considered by the parties as proof of communication, orders, payments and transactions between the parties.

 

Article 18. Applicable law & dispute resolution 

These General Terms & Conditions for the ColorCaly E-Shop are subject to Luxembourgish law. In the event of a dispute, jurisdiction is assigned to the court of Luxembourg notwithstanding multiple respondents or third-party appeals.

Contact

+352 691 611 327

colorcaly@gmail.com

Luxembourg

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