Terms of service
These general terms and conditions of sale define the rights and obligations of the parties in the context of sales made via the website https://www.colorcrushcreation.com. They govern all the necessary steps for placing, executing, and tracking an order.
By using this site, you indicate that you have read and understood the general terms and conditions of sale and use and that you agree to abide by them at all times.
1. THE VENDOR
1.1 Company Name
colorcrushcreation
61 bis corniche fleurie
nénuphar
06200 Nice
Hereinafter referred to as colorcrushcreation.
1.2 Contact
Questions concerning the General Terms and Conditions of Sale and Use should be sent to us at contact@colorcrushcreation.com.
2. VALIDITY OF OFFERS
2.1 Conditions of Access
Our offers are aimed at consumers with a delivery address in mainland France, Corsica, and internationally (See §8 Delivery of the GTC).
2.2 Item Availability
Items for sale on the site are available while stocks last. colorcrushcreation undertakes to inform the customer who is about to place an order or who has already placed an order for an unavailable item as soon as possible, via a mention on its website (or by email).
3. PRODUCT PRESENTATION1
3.1 Description of Our Products2
The products offered for sale are described and presented with the greatest possible accuracy. However, there may be slight differences, particularly in the perception of colors and materials, between the photographs illustrating the products and the products actually delivered. All product descriptions3 and prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time.
3.2 Customer Satisfaction
Although our professionalism is a strong commitment, we cannot guarantee that the quality of all products, services, information, or any other merchandise you have obtained or purchased will meet your expectations. If this is the case, you can return your products according to the conditions set out in our returns policy (See §9 Returns and Refunds of the GTC).
4. PRICING
4.1 Price Variation
The prices of our products may be changed without notice and do not include participation in shipping costs. If the VAT rate changes between the date of your order and the date we provide the product, we will adjust the VAT rate you pay, unless you have already paid for the product in full before the VAT rate change takes effect.
4.2 Service Interruption
We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without prior notice and at any time.
4.3 Liability
We will not be liable to you or any third party for any price change, suspension, or interruption of the Service.
4.4 Price Error
Despite our efforts, it is always possible that some of the products we sell may be incorrectly priced. If we accept and process your order where a price error is obvious and could reasonably have been identified by you, we may terminate the contract, refund all amounts you have paid, and demand the return of any products supplied to you.
5. ORDER
5.1 Placing an Order
Orders are placed exclusively via our website. Once you have selected and added the desired product(s) to your cart, you will go through our ordering process (where you must enter your contact details, as well as your delivery and billing addresses), and then payment.
5.2 Special Offers
If the customer benefits from a special offer, they must first enter a code that has been assigned to them in the field provided for this purpose.
5.3 Data Entry and Verification
Be sure to check the details of your order (the nature and quantity of the products added) as well as your delivery address and email address before finalizing the order. Once validated, your order can no longer be modified, and you will be held responsible for any errors it may contain. As they commit you, the information you provide must be accurate, complete, and up-to-date.
5.4 Order Confirmation
The confirmation of your order constitutes acceptance of these General Terms and Conditions of Sale. Once confirmed, your order can no longer be canceled or modified. Your order constitutes an offer to purchase the product(s) in your cart. After placing an order, you will receive an email from us confirming its receipt. A contract is then concluded between you and us. When we acknowledge receipt of your order, we will also confirm your order number. This identifier must be used in all our communications.
5.5 Order Preparation and Shipping
You will then receive a second email indicating that your order is being prepared in our warehouse and a final one confirming its shipment (containing the tracking link for your package).
5.6 Order Limitation/Cancellation
We reserve the right, but are not obligated, to limit the sales of our products or services to any person and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limi4t the quantities of any product or service we offer.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email or phone number provided at the time the order was placed.
5.7 Exceptional Cases
In the unlikely event that we are unable to fulfill your order (for example: product is out of stock with no restock planned within 15 days, impossible to verify the billing information provided, delivery requested in a country where we cannot ship), we will inform you by email and offer you a refund for your order.
6. COLLECTION OF REVIEWS AFTER AN ORDER
6.1 We work in collaboration with the company Trustpilot for the collection of reviews.
6.2 Data Collected
When you respond to the collection questionnaire, you consent to them providing them with the data related to your order and to accepting their privacy policy:
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Last Name
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First Name
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Email address
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Date and reference of the order
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Name and references of the items ordered
6.3 Use of Data
By writing a customer review and/or a recommendation, you agree to the publication of your review on our website and its possible use for marketing purposes on all advertising media (for example: Facebook, Instagram, Google, ...).
7. PAYMENT
We accept several payment methods on this site:
7.1 Credit Card
When you provide us with your payment information, you confirm that you have authorized the use and access to the payment instrument you have chosen to use. By providing us with your payment details, you confirm that you authorize us to charge the amount due to th5is payment instrument.
If we believe that your payment has violated any law or one of our terms of use, we reserve the right to cancel your transaction.
We accept credit cards via our payment processor, Stripe. Our Stripe account is located in Switzerland, and the main currency is the Euro. Although there are no exchange fees, some banks may charge a commission for international payments. We decline all responsibility in case of a commission charged by your bank, and we will not refund these fees.
7.2 PayPal
We do not offer PayPal as a payment method on our French site. If you absolutely wish to use this payment method, please contact us in advance.
7.3 Payment Control
colorcrushcreation controls all orders that have been validated on its site. These controls aim to protect colorcrushcreation from abusive practices operated by fraudsters. Our services may be required to ask you for all the necessary supporting documents to unblock your order. These requests will be made by email.
8. DELIVERY
Our complete delivery policy is detailed here.
9. RETURNS AND REFUNDS
Our complete returns and refund policy is detailed here.
9.1 Handling Procedures
colorcrushcreation reserves the right to ask the customer for photos and videos of the products to precisely identify the defect and decide on the handling of this defect.
9.2 Potential Fees
Shipping costs (the amount of which will vary depending on the product sent) may be requested from the customer.
11. LIABILITY
11.1 Vendor's Obligations
colorcrushcreation is responsible for the proper execution of the obligations resulting from the contract, whether these obligations are to be executed by colorcrushcreation itself or by other service providers it has used within the framework of these general terms and conditions of sale and delivery, subject to its recourse against them.
11.2 Limitation of Liability
However, colorcrushcreation is not responsible to you for damages caused by your own act, omission, or fault, in case of force majeure, or by any third parties not related to Tissot for the execution of the contract.
11.3
Consulting and placing an order on the Website implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, querying, or transferring information, the6 risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data a7gainst possible diversions, and the risks of contamination by possible viruses circulating on the network.
11.4
colorcrushcreation cannot be held responsible for any direct or indirect damage resulting from an interruption, a malfunction of any kind, for any reason whatsoever, or any direct or indirect damage that would result, in any way whatsoever, from a connection to the Website. It is up to every internet user to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement. The connection of any person to the Website is under their sole responsibility.
11.5
In any event, except for gross negligence and liability for defective products, the liability of colorcrushcreation for all damages that can be compensated under the contract that it could cause you is limited to the sole repair of foreseeable, direct, and material damages actually suffered by you as a result of a breach by colorcrushcreation. This repair can in no event exceed the amount corresponding to the purchase price of the product that caused you a prejudice, even if colorcrushcreation was informed of the possibility of such damages occurring.
12. INTELLECTUAL PROPERTY
12.1 Data Protection
The elements of the colorcrushcreation site, whether visual or audio, including the underlying technology, are protected under copyright, trademark, or patent law and image rights. They are the exclusive property of colorcrushcreation.
12.2 Plagiarism
In all cases, any link, even tacitly authorized, must be removed upon simple request from colorcrushcreation. In general, any total or partial reproduction of the website www.colorcrushcreation.com is strictly prohibited.
12.3 Third-party Links
Hyperlinks from the Website to websites belonging to third parties may exist. These other sites are not under the control of colorcrushcreation, and you acknowledge that colorcrushcreation is not responsible for the accuracy, compliance with intellectual or industrial property rights, legality, or any content of these sites. colorcrushcreation cannot reasonably perform continuous monitoring of the content of the websites with which the Website is linked by hyperlinks. colorcrushcreation will remove such links immediately if it discovers or is informed of any violation of law. The use of hyperlinks to a third-party website is at your own risk. By using these hyperlinks, you understand that the terms of use, legal notices, and privacy policy of the linked website may differ from those of colorcrushcreation.
13. PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy available here.
14. APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, will be governed by and interpreted in accordance with the laws in force in Geneva, Switzerland.