Terms and Conditions
Terms and Conditions of Color Powder Supply Company, established in the United States of America
1. General provisions
1.1 These general conditions apply to all offers made by Color Powder Supply Company. These conditions are accessible for everyone and included on the website www.colorpowdersupply.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. Color Powder Supply Company reserves the right to change its terms and / or conditions, following the expiry of the term.
1.3 Unless otherwise agreed in writing, Color Powder Supply Company does not recognize the general or specific terms or conditions of any third party not approved by Color Powder Supply Company.
1.10 Color Powder Supply Company 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. Delivery
2.1 Delivery takes place while stocks last.
2.2 With regard to the regulations of distance selling, Color Powder Supply Company will perform orders from it´s warehouse to locations within the continential United States within 60 days. Most deliveries in the United States from warehouse stock can be executed within 2 to 5 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 Color Powder Supply Company to supply the ordered item will be prima facie satisfied once the item offered by Color Powder Supply Company 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 may need to come from overseas, Color Powder Supply Company can not guarantee exact delivery dates. Delivery dates mentioned are an indication. They are not legally binding.
2.5 Color Powder Supply Company 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/color Powder as a product.
3. Data management
3.1 If you place an order with Color Powder Supply Company, your data will be entered in Color Powder Supply Company’ customer base. Color Powder Supply Company adheres to the Dutch Data Protection Act (Wet Persoonsregistraties) and will not provide your information to third parties (see our Privacy Policy).
3.2 Color Powder Supply Company respects the privacy of the users of its website and ensures the confidentiality of your personal information.
3.3 In some cases, Color Powder Supply Company makes use of a mailing list. Each mailing includes instructions to remove your e-mail address from this list.
4. Warranty and conformity
4.1 Color Powder Supply Company 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.
4.2 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.
4.3 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 Color Powder Supply Company in writing before proceeding to return the goods to Color Powder Supply Company. Any defects or faulty goods should and can be reported in writing to Color Powder Supply Company 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.
4.4 If the customer complaints are found legitimate by Color Powder Supply Company, Color Powder Supply Company 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 Color Powder Supply Company, and accordingly the amount of damages is always limited to the amount of the goods concerned, or (at the option of Color Powder Supply Company) to the amount maximally covered by any applicable liability insurance. Any liability of Color Powder Supply Company for any other form of damage is excluded, including additional compensation in any form whatsoever, indirect or consequential damages or damages for lost profits.
4.5 Although Color Powder Supply Company products are safe, Color Powder Supply Company explicitly points out that their use is at your own risk.
5. Offers
5.1 Offers are not binding, unless otherwise stated in the offer.
5.2 Upon acceptance of the non-binding offer by the buyer, Color Powder Supply Company 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.
5.3 Verbal agreements by Color Powder Supply Company are only binding after an explicit and written acknowledgment.
5.4 Offers made by Color Powder Supply Company do not apply automatically to repeat orders.
5.5 Offers made by Color Powder Supply Company are not binding for Color Powder Supply Company if the customer should understand that the offer or any part thereof contains an obvious mistake or error.
5.6 Additions, modifications and / or further agreements are only valid if agreed in writing.
6. Agreement
6.1 An agreement between Color Powder Supply Company and a customer is established after an order is made and assessed for feasibility by Color Powder Supply Company.
6.2 Color Powder Supply Company 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.
7. Images and specifications
7.1 All illustrations, photographs, drawings, etc., for example data concerning weight, dimensions, colors, graphics, labels, etc. on the site of Color Powder Supply Company (www.colorpowdersupply.com) are only approximate and indications only. They may not lead to compensation or termination of the contract.
8. Liability
8.1 Color Powder Supply Company 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.
8.2 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.
8.3 Although the Color Powder Supply Company website may include links providing direct access to other Internet resources, including Web sites, Color Powder Supply Company is not responsible for the accuracy or content of information contained on these sites either.
8.4 Possible links from Color Powder Supply Company to third-party sites do not constitute an endorsement by Color Powder Supply Company of the parties or their products and / or services.
8.5 The given product information is based solely on information received from suppliers and International established laboratories.
8.6 Color Powder Supply Company is not responsible or accountable for personal or material damage caused by using one of our products.
WARNING
We are not responsible for how you distribute or use our color powder. Please follow all federal, state, and local regulations. Our color powder is not intended for indoor use or in any poorly ventilated environment. Never throw at or towards someone’s face. Safety glasses and dust masks are recommended. Have MSDS sheets present during events for safety officials.
