Terms of Sale

Last Updated Date: July 7, 2015.

Thank you for shopping at the Kolor, SAS (“Kolor”) online web store (“web store” or “website”).  Kolor is , a société par actions simplifiée with a capital of 8,000 euros, head office at 112 voie Albert Einstein, 73800, Francin, France, listed in the Trade and Companies Register of Chambéry under the number 479 247 751, and VAT number FR50479247751. Telephone number +33 479 33 22 11  The following Terms of Sale (“Agreement”) applies to purchases of products and/or services (“Products”) through the web store.  Based on your territory and/or the delivery territory of the Products, a different version of these Terms of Sale may apply.  If this is the case, such different version will be presented to you in the web store at the point of purchase.

PLEASE READ THIS AGREEMENT CAREFULLY!  IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.  BY PURCHASING A PRODUCT ON THE WEB STORE, YOU ARE ALSO BOUNDBY THE KOLOR PRIVACY POLICY AND TERMS OF USE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.  PLEASE NOTE THAT THE TERMS OF USE CONTAINS A MANDATORY DISPUTE RESOLUTION CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCTS.

If you have placed an order but do not wish to be subject to this Agreement, you must promptly cancel your order before it becomes noncancelable (typically within 24 hours) by contacting Kolor customer support using the contact information listed below, or by returning your purchase in accordance with Section 4 below.


1. Payment Terms.

We reserve the right in our sole discretion to change prices for products displayed at/on our web store at any time, and to correct pricing errors that may inadvertently occur.  Unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order.  Payment must be made by credit card, PayPal, or any other prearranged payment method agreed to by us. Your order is subject to cancellation by us, in our sole discretion.  We are not responsible for pricing, typographical or other errors in any offer and we reserve the right to either contact you for instructions before shipping or cancel any orders arising from such errors.  We generally do not charge your payment method until after your order has entered the shipping process.

2. Shipping; Taxes; Title; Risk of Loss.

Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  You must notify us within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged.  Shipping and delivery dates are estimates only, and the time it takes to receive your order depends on the shipping method you choose during checkout, and the time of day you place your order.

3. Order Cancellations/Modifications.

If you are looking to cancel an order that was recently placed, please immediately call us at the number listed below and one of our Support Reps will be able to help out. Once an order has been placed, there is a very short time frame in which we can cancel, so we cannot guarantee that we will be able to cancel your order.   All orders typically ship out within 24 hours.

Should cancellation not be possible, you can refuse delivery of the package, and a refund will be issued minus shipping costs upon return receipt of the package.  If you have received the Product, and would like to return it for a refund, please see Section 4 below. 

For security reasons, we unfortunately cannot make address changes once an order has been placed.  Our delivery company will make up to three attempts to deliver your package to the provided address, and after the third attempt you will be able to arrange for pickup from the delivery company’s nearest facility.   Otherwise, the shipment will be returned to our warehouse and a refund will be processed for the items.  There is a small possibility that we may be able to cancel your current order, as long as it has not been processed or shipped, and then a new order can be placed with the correct address.   Please contact us at the number below to inquire about your options.    

4. Return Policies; Exchanges.

Except as stated in this Section 4, if at any time within 14 days of receiving your order, you are not 100% satisfied, you may return it to us for a refund. No questions asked. Any items damaged due to reasons not covered under warranty cannot be accepted back for refund under our 14 Day Money Back Guarantee. Also, associated shipping fees are not refundable.

We do not accept returns or offer refunds in respect of any software that we sell to you.  We do, however, offer free-trial versions of our software, so that you can try our software before you decide to purchase.

5. Warranties.

Products sold on the web store products and accessories are guaranteed against manufacturing defects one (1) year from the original date of purchase. Kolor's sole obligation in the event of such defects during this period is to repair or replace the defective part or product with a comparable part or product at Kolor's sole discretion.  Some Products sold on the web store come with a manufacturer’s guarantee (in addition to the warranty above).  The terms and conditions of a manufacturer’s guarantees vary by Product and we ask you to read carefully the terms and conditions of such manufacturer’s guarantees as applicable.

WE MAKE NO OTHER WARRANTIES FOR OUR PRODUCTS, AND MAKE NO WARRANTIES WHATSOEVER FOR SERVICES, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-KOLOR BRANDED PRODUCTS. SUCH PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT IS PROVIDED BY US "AS IS" AND ANY THIRD-PARTY WARRANTIES, PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY US. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. WE MAKE NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THE APPLICABLE WARRANTY IN EFFECT ON THE DATE OF YOUR PURCHASE. KOLOR-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND WE ARE NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL WE RECEIVE PAYMENT IN FULL. WE MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF WE DO NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.

6. Software.

Software is subject to the separate software license agreement accompanying or made available to you in connection with the software. With respect to software made available to you by us in connection with your purchase of Kolor Products, if no license terms accompany the software, then subject to your compliance with the terms set forth in this Agreement, we hereby grant you a personal, nonexclusive license to access and use such software  solely as necessary for you to enjoy the benefit of the Products. Title to software remains with the applicable licensor(s).

7. Delivery

We deliver worldwide (restrictions may apply as indicated on the website).

Tracking Your Order - As soon as our warehouse ships your order, we will send you an email notifying you that your package is en route. In this email we will include a link to track delivery with the delivery company specified in your order.

Delivery Methods - The time it takes to receive your order depends on the shipping method you choose during checkout, and the time of day you place your order. Please see the table below for estimated delivery windows and shipping options. 

Delivery in France:

Description

Estimated Delivery Time

Standard Delivery

48 – 72 hours

Express Delivery

24 hours

Deliveries to the Rest of the World

Description

Estimated Delivery Time

Standard delivery

4 – 12 days

Express Delivery

2 - 4 days

 

 

8. Changed or Discontinued Product.

Our policy is one of ongoing update and revision. We may revise and discontinue Products at any time without notice to you and this may affect information saved in your online shopping cart.  We will ship Products that have the functionality and performance of the Products ordered, but changes or differences between what is shipped and what is described on the web store are possible.

9. Limitation of Liability.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED CONTENT OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT.  IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR CONTENT IS BACKED UP IN THE EVENT OF CORRUPTION OR LOSS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

10. Not For Resale or Export.

You agree to comply with all applicable laws and regulations of the country to which you ship your Products. You agree and represent that you are buying for your own internal use only, and not for resale or export.  Products, which may include technology and software, are subject to U.S. export laws as well as the laws of the country where they are delivered or used.  Products may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses.

11. Governing Law and Dispute Resolution.

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  BY PURCHASING A PRODUCT ON THE WEB STORE AND ENTERING INTO THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE MANDATORY DISPUTE RESOLUTION PROVISION IN THE KOLOR TERMS OF USE.

12. Miscellaneous Provision.

Wireless services.  Some Products utilize wireless services that may incur extra costs and are governed by the terms of a separate agreement between you and your selected wireless service provider.

13. Customer Support.

If you would like to contact Kolor customer support, please call us at: +33 479 33 22 11.