Terms and Conditions of Kingdom of Colors, established in Utrecht, the Netherlands.
1. General provisions
1.1 These general conditions apply to all offers made by Kingdom of Colors. These conditions are accessible for everyone and included on the websites www.kingdom-of-colors.com and www.holicolorpowders.com. We will send you a written copy on request.
1.2 By placing an order you indicate your agreement to the terms and conditions for delivery and payment. Kingdom of Colors reserves the right to change its terms and / or conditions, following the expiry of the term.
1.3 Unless otherwise agreed in writing, Kingdom of Colors does not recognize the general or specific terms or conditions of any third party not approved by Kingdom of Colors.
1.10 Kingdom of Colors guarantees that the product meets the specifications listed in the contract and the original offer.
1.11 This English-language version of the terms and conditions has been translated from a Dutch-language original and serves as an indication only. Although all reasonable care has been taken while preparing this translation, we do not represent or warrant that any of it is current or accurate. The Dutch-language version of this document is the only official version.
2.1 Delivery takes place while stocks last.
2.2 With regard to the regulations of distance selling, Kingdom of Colors will perform orders from it´s factory within 60 t0 80 days worldwide. Delivery in Europe from stock in Amsterdam can be executed within 3 to 7 days. In case this is not possible (because the ordered item is out of stock or no longer available), or in case there are other reasons for a delay (weather / strike / logistic issues out of our power to control etc) , or in case an order cannot, or only partially, be executed, the consumer will receive a message latest within one month before estimated arrival of order. In these cases, the customer has the right to cancel the order without incurring any costs and without giving notice of default.
2.3 The obligation of Kingdom of Colors to supply the ordered item will be prima facie satisfied once the item offered by Kingdom of Colors is offered to the customer for the first time. In case of home delivery, the report of the carrier, alleging refusal of acceptance, will be considered full proof for the offer to deliver.
2.4 All delivery periods mentioned on the website and in communication to customers (inquiries) are indications only. Since larger orders need to come overseas, Kingdom of Colors can not guarantee exact delivery dates. Delivery dates mentioned are an indication. They are not legally binding.
2.5 Kingdom of Colors is nor responsible or accountable for local regulations of its customers in terms of: TAX / Customs / Clearings / Transport / Documentation / or it´s general regulations towards Holi Powder as a product.
4. Data management
4.2 Kingdom of Colors respects the privacy of the users of its website and ensures the confidentiality of your personal information.
4.3 In some cases, Kingdom of Colors makes use of a mailing list. Each mailing includes instructions to remove your e-mail address from this list.
5. Warranty and conformity
5.1 Kingdom of Colors warrants that the products and / or services meet the specifications listed in the contract and in the offer / communication (if asked for by client), the reasonable requirements of reliability and / or usability, and any legal provisions and / or government regulations existing at the date of the conclusion of the agreement.
5.2 An arrangement offered by the company, manufacturer or importer does not affect the rights and claims that consumers may assert under the law and / or the distance contract in respect of a failure to fulfill the obligations of the company against the employer.
5.3 The customer is obliged to check the delivered goods upon receipt. If it appears that the delivered good is wrong, inadequate or incomplete, the customer needs to notify Kingdom of Colors in writing before proceeding to return the goods to Kingdom of Colors. Any defects or faulty goods should and can be reported in writing to Kingdom of Colors up to 2 months after delivery. Return of goods must be in original packaging (including accessories and documentation) and in new condition. Use of the good after detection of failure, damage occurring after detection of failure, encumbrance and / or sale after detection of failure, invalidates the right to claim and return entirely.
5.4 If the customer complaints are found legitimate by Kingdom of Colors, Kingdom of Colors will reserve the choice either to replace the delivered goods free of charge, or to adopt an agreement with the buyer for a written scheme of compensation, it being understood that the liability of Kingdom of Colors, and accordingly the amount of damages is always limited to the amount of the goods concerned, or (at the option of Kingdom of Colors) to the amount maximally covered by any applicable liability insurance. Any liability of Kingdom of Colors for any other form of damage is excluded, including additional compensation in any form whatsoever, indirect or consequential damages or damages for lost profits.
5.5 Although Kingdom of Colors products are safe, Kingdom of Colors explicitly points out that their use is at your own risk.
6.1 Offers are not binding, unless otherwise stated in the offer.
6.2 Upon acceptance of the non-binding offer by the buyer, Kingdom of Colors reserves the right to revoke the offer or to give an alternative offer within a period of 5 working days after receipt of such acceptance.
6.3 Verbal agreements by Kingdom of Colors are only binding after an explicit and written acknowledgment.
6.4 Offers made by Kingdom of Colors do not apply automatically to repeat orders.
6.5 Offers made by Kingdom of Colors are not binding for Kingdom of Colors if the customer should understand that the offer or any part thereof contains an obvious mistake or error.
6.6 Additions, modifications and / or further agreements are only valid if agreed in writing.
7.1 An agreement between Kingdom of Colors and a customer is established after an order is made and assessed for feasibility by Kingdom of Colors.
7.2 Kingdom of Colors reserves the right, without specifying any reason, not to accept orders or contracts, or to accept the order under the condition that payment is collected on delivery or in advance.
8. Images and specifications
8.1 All illustrations, photographs, drawings, etc., for example data concerning weight, dimensions, colors, graphics, labels, etc. on the site of Kingdom of Colors (www.holicolorpowders.com) are only approximate and indications only. They may not lead to compensation or termination of the contract.
9. Force Majeure
9.1 Kingdom of Colors is not liable if and in so far as her commitments cannot be fulfilled due to force majeure.
9.2 Force majeure means any unforeseen cause, and any circumstance not within the reasonable control of Kingdom of Colors. Force majeure explicitly includes, but is not limited to delay or failure by our suppliers, disruptions of the Internet, electricity, e-mail traffic and disturbances or changes in third party technology, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Kingdom of Colors as well as from auxiliary individuals, disease of staff members, and defects in tools, devices or shipment methods.
9.3 In case of force majeure, Kingdom of Colors reserves the right to suspend its obligations and is entitled to (partially) dissolve the agreement or to demand that the content of the agreement is amended so that execution can continue. In no event Kingdom of Colors will be liable to any penalty or damages.
9.4 If, at the occurrence of force majeure, Kingdom of Colors has already partially fulfilled its obligations, or can only partially fulfill its obligations, Kingdom of Colors shall be entitled to separately invoice the delivered or the deliverable, and the customer is obliged to pay this invoice as if it were a separate contract. This does not apply if the delivered or the deliverable part has no independent value.
10.1 Kingdom of Colors is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site and its products presented.
10.2 While the information contained within the site is periodically updated, no guarantee can be given that the information provided on this web site is 100% correct, complete, and up-to-date.
10.3 Although the Kingdom of Colors website may include links providing direct access to other Internet resources, including Web sites, Kingdom of Colors is not responsible for the accuracy or content of information contained on these sites either.
10.4 Possible links from Kingdom of Colors to third-party sites do not constitute an endorsement by Kingdom of Colors of the parties or their products and / or services.
10.5 The given product information is based solely on information received from suppliers and International established laboratories.
10.6 Kingdom of Colors is not responsible or accountable for personal or material damage caused by using one of our products.
11. Retention of title
11.1 Ownership of all goods sold by Kingdom of Colors and delivered to the customer remains with Kingdom of Colors as long as the customer has not paid claims of Kingdom of Colors under the agreement or under prior or subsequent similar agreements, as long as the customer has not fulfilled the performed activities or activities still to be performed under this agreement or similar agreements, or as long as the customer has not paid the claims of Kingdom of Colors due to failure to fulfill such commitments, including claims in respect of penalties, interest and costs, all as provided in Article 3:92 of the Dutch Civil Code (Burgerlijk Wetboek).
11.2 The goods supplied by Kingdom of Colors to which the retention of title is applicable, may only be resold in the context of normal business activities and must never be used as payment.
11.3 The customer is not entitled to pledge or otherwise encumber the goods falling under the retention of title.
11.4 In all cases where Kingdom of Colors wants to exercise its ownership rights, the customer gives unconditional and irrevocable consent to Kingdom of Colors or a third party (to be appointed by Kingdom of Colors) to enter all those places where its property is then located and to remove it.
11.5 If third parties seize goods delivered subject to retention of title or rights to establish or exercise, the customer is obliged to inform Kingdom of Colors as soon as may be reasonably expected.
11.6 The customer is obliged to insure, and to keep insured the delivered goods subject to retention of title against fire, explosion, water damage and theft and make this insurance policy available for inspection upon first request of Kingdom of Colors.
12. Applicable law / jurisdiction
12.1 Dutch and European law applies to all agreements.
12.2 Disputes arising from an agreement between Kingdom of Colors and the buyer, which cannot be resolved by mutual agreement, will be heard and determined by the competent court within the district of the Netherlands, unless Kingdom of Colors prefers to subject the dispute to the competent court of the buyer’s residence, and with the exception of those disputes that fall under the jurisdiction of a cantonal court (kantonrechter).