Terms and Conditions 

General provisions

The online store available on the website at www.thecolorbright.com is operated by:

The Color Bright

71 Baggot Street Lower

D02 P593 Dublin

Customer service:

[email protected]

Whenever the following expressions are used in these Terms and Conditions, they shall have the meanings set forth below :

Seller –  The Color Bright, 71 Baggot Street Lower, D02 P593 Dublin, the tax identification number 3445355W

Online Store – an online store operated by The Color Bright available on the website at www.thecolorbright.com

Customer – hereinafter also referred to as the User, a natural person aged 13 and over, whereas if the person is under 18, the consent of his legal representative is required unless the person has full legal capacity, as well as a legal person or an organizational unit having no legal personality, on whom applicable laws and regulations confer legal capacity, who/which uses the Online Store, and in particular who/which places an order via the Online Store on the terms set out in these Terms and Conditions;

Consumer – a customer who is a natural person that performs a legal transaction with The Color Bright not directly related to its business or professional activity, in particular, who places an order in the Online Store;

Order fulfilment time – the number of working days in which The Color Bright shall complete the order placed by the Customer in the Online Store, entrust the ordered goods to the carrier and deliver the ordered goods via the carrier to the place indicated by the Customer in the order form;

Business Days – days of the week from Monday to Friday, excluding public holidays;

Order – a Customer’s declaration of intent submitted via the Online Store specifying: the type and quantity of goods out of the Online Store’s assortment at the time of placing the order, payment method, method of delivery, place of issue of goods, and the Customer data, with the aim of entering into a Sales Agreement with The Color Bright by the Customer via the Online Store for goods that are the subject of the order;

These Terms and Conditions define the rules for using the Online Store, in particular the rules for concluding contracts via the Online Store for the sale of goods available in the Online Store, the rules for the performance of these contracts, and the rules for complaint proceedings.

All products in the assortment of the Online Store are brand new.

In order to use the Online Store, including browsing the rage of products and placing orders, it is necessary to meet the following minimum technical requirements:

• having a computer or other multimedia device with access to the Internet ;
  
• having a web browser:
  
• having an active e-mail account;

In order to ensure the security of messages and data transmitted in connection with the Online Store services, The Color Bright takes technical and organizational measures appropriate to the degree of risk, in particular measures to prevent the acquisition and modification of personal data sent via the Internet by unauthorized persons.

The Customer of the Online Store shall:

• use the Online Store in a manner consistent with applicable law and provisions of these Terms and Conditions,
  
• use the Online Store in accordance with good manners and respect for the personal rights of other entities,
  
• not deliver or forward illegal content,
  
• use the Online Store in a way that does not interfere with its functioning,
  
• use the content included in the Online Store only for personal use,

• not send or post unsolicited commercial information (spam) within the Online Store.
  

Registration and Logging in

The Color Bright provides electronic services in the field of enabling customers to set up and use a Customer Account on the website of the Online Store at thecolorbright.com

The Customer Account service enables customers to use the functionality of the Online Store after logging in.

Registration of the Customer Account in the Online Store is voluntary and free of charge.

The Customer can browse the rage of products in the Online Store and place orders without registering a Customer Account.

The Customer may register a Customer Account in the Online Store by pressing the “Log in / Register” tab on the main page of the Online Store at thecolorbright.com or may register a Customer Account when placing an order via the Online Store.

Registering a Customer Account in the Online Store requires filling in a registration form by entering an e-mail address and a password. In order to register a Customer Account, the Customer is required to read and accept these Terms and Conditions and give consent to the processing of his/her personal data provided during the registration, marked as obligatory. Providing data marked as obligatory is voluntary, however, it is necessary to set up a Customer Account, execute and service orders placed in the Online Store, as well as to correctly implement services provided electronically. Providing personal data not marked as obligatory is voluntary and is not necessary to set up a Customer Account.

After completing the registration form, press the “Register” button. The Customer Account service is provided free of charge for an indefinite period.

After registering the Customer Account, the Customer may log in to the Online Store by entering the email address and password provided during registration.

The Customer may terminate the contract for the provision of the Customer Account service at any time, without giving a reason and at no cost, in particular by sending via email to the following address: [email protected] or in writing to the postal address of The Color Bright, 71 Baggot Street Lower, D02 P593 Dublin, the request to delete the Customer Account along with the email address currently registered in the Online Store.

The Color Bright may terminate the agreement for the provision of the Customer Account service with a 14-day notice period for important reasons, which include:

• the Customer’s use of the Online Store in a manner that violates the law or the provisions of these Terms and Conditions,
  
• the Customer’s use of the Online Store in a way that violates the rights of third parties or good manners,
  
• the Customer’s use of the Online Store in a way that disrupts its functioning,
  
• sending or posting by the Customer unsolicited commercial information (spam) within the Online Store.
  

The Color Bright may make a statement about the termination of the Customer Account service agreement by sending the Customer a declaration on termination of Customer Account service agreement via electronic mail to the email address currently registered in the Online Store.

Termination of the agreement for the provision of the Customer Account service by either party, as well as the termination of the agreement for the provision of the Customer Account service with the consent of both Parties shall result in blocking and deleting the Customer Account from the Online Store.

Termination of the agreement for the provision of the Customer Account service by either party, as well as the termination of the agreement for the provision of the Customer Account service with the consent of both Parties shall not affect the rights acquired by the Parties prior to the agreement termination.

Placement of orders

The Customer may purchase goods from the Online Store’s assortment by placing an order. Orders may be placed twenty-four hours a day, seven days a week via the website of the Online Store www.thecolorbright.com

While placing an order, the Customer reads and accepts these Terms and Conditions, and confirms the acceptance of these Terms by checking the appropriate box before finalizing the order. Failure to accept these Terms and Conditions by the Customer during the ordering procedure prevents the possibility of purchasing goods via the Online Store.

The Customer, as a part of the ordering procedure, provides his personal data indicated in the order form and marked as obligatory as well as gives consent to the processing of the Customer’s personal data provided when placing the order by checking the appropriate box before finalizing the order placed in the Online Store. The provision of personal data is voluntary, however, failure to provide personal data marked as obligatory shall prevent the placement of the order. The provision of personal data not marked as obligatory is voluntary and not necessary to place an order.

In order to place an order via the website of the Online Store www.thecolorbright.com, the Customer should select the goods to buy, determine the area and method of delivery of the goods, the method of payment, complete the order form, and then confirm and send the order by pressing the “Buy” button. By clicking on the “Buy” button, the Customer places an order with the obligation to pay.

The Customer compiles the order by adding the desired products to the “Cart”. By pressing the “Add to cart” button, the Customer selects a product available in the Online Store at the time of order, with its description and price, and then selects the size, if the goods are offered in different sizes. When pressing the “Proceed to checkout” button, the Customer chooses the area and method of delivery of goods, the method of payment, and completes the order form.

The order form should indicate:

• the name and surname, and address of the Customer,
• the telephone number and email address of the Customer;
  
• the data of the recipient and the address to which the goods are to be delivered, if the ordered goods are to be delivered to an address other than the customer’s address and to a place other than in the registration form.

A customer who has registered a Customer Account in the Online Store may place an order using the Customer Account after logging into the Online Store. Goods ordered in the Online Store may be delivered within the territory of the European Union

Information about the total value of the order, which includes the price of the goods and the costs of its delivery, is each time provided on the website of the Online Store www.thecolorbright.com

when placing the order, including immediately before and at the time of approval and submission of the order by the Customer. These are the total costs that the Customer is obliged to pay including the applicable taxes and the cost of delivering the goods.

During the ordering procedure, until the Customer presses the “Buy” button, he/she has the option to modify the order, in particular in the selection of goods, area and method of delivery, method of payment, and data provided in the order form. To modify the order in terms of selection of goods, press the “Delete” button visible on the Online Store website during the ordering procedure.

Placing an order takes place after selecting the goods to buy, choosing the area and method of delivery of goods, indicating the method of payment and filling in the order form.

An order is submitted by pressing the “Buy” button by the Customer. An order placed via the Online Store entails an obligation to pay.

Placing an order by the Customer means submitting to The Color Bright an offer to conclude a contract of sale of the goods being the subject of the order.

After placing the order by the Customer, The Color Bright shall immediately sent a message to the e-mail address indicated in the order form or in the Customer Account, when the Customer has placed the order using the Customer Account, confirming the receipt of the order and acceptance of the order for execution. As soon as the Customer receives the email from The Color Bright confirming the receipt of the order and accepting the order for execution, a Sale Agreement is concluded between the Customer and The Color Bright. Confirmation, sharing, recording, securing the content of the concluded agreement takes place by sending the Customer the above-mentioned message confirming the receipt of the order and accepting the order for execution, along with attachments in pdf format including these Terms and Conditions, information on the right to withdraw from the contract, and a model withdrawal form.

The provision of electronic services by The Color Bright to enable customers to place orders for goods offered by The Color Bright via the Online Store is free of charge and is one-off. The service ends immediately after the order has been completed by The Color Bright or when the Customer ceases to place the order via the Online Store.

Prices of goods

The prices of goods presented on the websites of the Online Store are expressed in Euro (EUR) and are gross prices, i.e. they include taxes, including value added tax (VAT).

The prices of goods provided on the websites of the Online Store do not include the costs of delivering the goods, which are indicated below. The costs of delivering the ordered goods are each time provided on the website of the Online Store when placing the order, including directly before and at the time of approval and submission of the order by the Customer. The costs are also included in the total value of the order. The total value of the order includes the price of the goods and the costs of its delivery.

Information about the price of the goods, features and essential properties of the goods are available on the website of the Online Store and are placed next to the presented products.

The binding and final price is the price given in the “Cart” in the order summary at the time of placing the order by the Customer via the Online Store.

The prices of goods given on the websites of the Online Store are valid only when placing orders via the Online Store.

The prices of the goods presented on the website of the Online Store may change, and the change in the price of goods does not affect orders placed before the price change comes into effect.

Methods of payment of the price for the ordered goods and fees for the delivery of the ordered goods

In case the goods ordered via the Online Store are to be delivered to a place in the territory of the European Union, the Customer may choose the following method of payment of the price and delivery costs when placing the order:

• online payment via the Stripe System. The rules for making payments by customers via the Stripe System and the complaint procedure are available at https://stripe.com

• Payment by online transfer of electronic banking takes place via the Stripe online payment services. The regulations for using the websites are available at https://stripe.com

Shipments are carried out via the DPD courier company, and the costs depend on the country to which the shipment will be transported. The costs of transport are available on the “Shipping and Payment” page.

Execution of orders, method and costs of delivery of the ordered goods.

Goods ordered via the Online Store are delivered within the territory of the EU countries excluding Poland 

Goods ordered via the Online Store are delivered on business days to the place indicated by the Customer in the order form.

The delivery of goods ordered via the Online Store to the place indicated by the Customer when placing the order is payable on the terms set out below.

The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.

Shipments are delivered in a manner selected by the Customer from among the options provided by the Seller. The delivery of the Goods is limited to the forms indicated in the Order form.

The ordered Goods are delivered to the Customer via the Courier to the address indicated in the order form.

On the day of sending the Goods to the Customer, the information confirming the sending of the parcel by the Seller and the VAT invoice / receipt for the delivered Goods is sent to the Customer’s e-mail address.

The Customer should examine the delivered parcel in time and in the manner adopted for parcels of a given type, in the presence of the Courier’s employee.

In the event of a loss or damage to the shipment, the Customer has the right to demand that the Courier’s employee draw up the appropriate protocol.

In the absence of the Customer at the address indicated by him, given when placing the order as the Delivery address, the Courier’s employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Courier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of the Delivery.

Goods ordered via the Online Store are delivered together with an invoice issued by The Color Bright covering the subject of the order.

The right of withdrawal from the Sales Agreement

A Customer who is a Consumer and an Entrepreneur with consumer rights who concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.

The period for withdrawal from the Sale Agreement begins from the date the Goods are taken over by the Consumer, the Entrepreneur with Consumer rights or a third party designated by them other than the carrier.

The Consumer and the Entrepreneur with consumer rights may withdraw from the agreement by informing The Color Bright of his decision to withdraw by means of a clearly worded statement, for example by sending this statement via e-mail to the following address: [email protected].

To meet the deadline for withdrawing from the agreement, it is sufficient to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

In the event of withdrawal from a distance contract, the contract is considered null and void. If the Customer who is a Consumer and the Entrepreneur with consumer rights submitted a statement of withdrawal from the agreement before The Color Bright accepted its offer, the offer ceases to be binding.

In case of withdrawal from the agreement, the Consumer and the Entrepreneur with consumer rights are obliged to return the goods to The Color Bright  immediately, but not later than within 14 days from the date of notifyingThe Color Bright about the withdrawal. To meet the deadline for returning the goods, it is sufficient to send back the goods before the expiry of the 14-day period to the address provided to the Consumer by The Color Bright.

The Seller is not obliged to refund the additional costs of returning the product incurred by the Consumer or the Entrepreneur with the consumer rights.

The Consumer or the Entrepreneur with consumer rights is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline, it is sufficient to return the goods to the Seller’s address before the return period has expired.

In the event of withdrawal, the Customer who is a Consumer or the Entrepreneur with consumer rights shall only bear the direct costs of the return.

If the goods cannot normally be returned by post due to its nature, the Seller informs the Consumer and the Entrepreneur with consumer rights about the costs of returning the goods on the Online Store’s Website.

The Consumer and the Entrepreneur with consumer rights are responsible for the decrease in value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

The Seller shall refund the payment using the same method of payment as used by the Consumer or the Entrepreneur with consumer rights unless the Consumer or the Entrepreneur with consumer rights has expressly agreed to a different method of return, which does not entail any costs for him.

The right to withdraw from the Sales Agreement is not granted to the Consumer and the Entrepreneur with consumer rights in relation to contracts for goods that are liable to deteriorate or expire rapidly.

The right to withdraw from the Sales Agreement is not entitled to the Consumer and the Entrepreneur with consumer rights in relation to contracts in which the goods are delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after being delivered.

The complaint handling policy

The Color Bright  is obliged to deliver goods to customers without physical and legal defects. The Color Bright is liable to customers for defects in the goods.

In case the Product has a defect, the Customer may:

• submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective product with a non-defective one or removes the defect. This limitation shall not apply if the product has already been replaced or repaired by the Seller or if the Seller failed to fulfil the obligation to replace the product with a non-defective one or to remove the defect. The Customer may demand replacement of the product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the product, unless making the product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the product free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim.
• demand replacement of the defective product with a non-defective one or removal of defect. The Seller shall replace the defective product with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to fulfil the Customer’s demand if making the defective product compliant with the Sale Agreement in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the product compliant with the Sale Agreement. The costs of repair or replacement shall be incurred by the Seller.
  

A customer that exercises rights under the warranty, is obliged to deliver the defective product to the address of the Seller. In case of the Customer who is a Consumer or an Entrepreneur with consumer rights, the cost of delivery shall be incurred by the Seller.

The Seller shall be liable under the implied warranty if a physical defect is discovered before the expiry of two years from the release of the product to the Customer or the expiry of the minimum product durability period. The claim for removal of a defect or replacement of the product with a non-defective one shall be barred by limitation after one year, however, such time limit may not end before the time limit specified in the first sentence. Within this time limit the Customer may withdraw from the Sale Agreement or submit a statement on reduction of the price due to the defect of the product. If the Customer demanded a replacement of the product with a non-defective one or removal of the defect, the time-limit for withdrawal from the Sale Agreement or submission of the statement on reduction of the price shall start running upon expiry of the time limit for replacement of the product or removal of the defect.

The complaint should contain in particular: name and surname, correspondence address, e-mail address to which a reply to the complaint is to be sent (if the Customer wishes to receive the reply via e-mail), the date of purchase and the type of the goods complained about, the description of the reported defect and the time at which the defect was discovered, the customer’s request, as well as the customer’s preferred method to be informed about the manner of handling the complaint.

When submitting a complaint, the Customer shall provide the proof of purchase of the goods to The Color Bright. It may be a copy of a receipt or invoice, a printout from a payment card or other proof. The above content regarding the submission of a complaint is only an example that the customer does not have to use, and does not affect the effectiveness of complaints submitted without the recommended description of the complaint.

By submitting a complaint, the customer agrees to non-destructive testing of the product (if necessary) in order to investigate the cause of non-compliance.

A complaint may be submitted via email [email protected]

The Color Bright shall consider and respond to a complaint immediately, not later than 14 days from the date of filing the complaint. The Customer shall be informed about the method of considering the complaint in accordance with the data provided in the complaint.

Complaints about the Newsletter service or other services provided electronically, including irregularities in the operation of the Online Store, can be submitted via e-mail to the following address: [email protected]

A complaint regarding the Newsletter service or other services provided electronically should include in particular: description of the problem to which the complaint relates, the e-mail address provided during registration of the Customer Account or in the order form, and the e-mail address or address for correspondence to which Customer wants to receive a reply.

Out-of-court ways of dealing with complaints and redress

In the event of a dispute arising from the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to any disputes arising from these Regulations is Irish law.

Each customer may use extrajudicial means of dealing with complaints and redress. In this regard, it is possible for the Client to use mediation. Lists of permanent mediators and existing mediation centers are submitted and made available by the Presidents of the relevant District Courts. The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller by submitting his complaint via the EU ODR internet platform, available at: https://ec.europa.eu/consumers/odr/

Newsletter 

The Newsletter service can be used by any customer who enters his e-mail address using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the Customer shall immediately receive the Seller’s confirmation by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the provision of the Newsletter service by electronic means is concluded. During Registration, the Customer may additionally check the appropriate box in the registration form in order to subscribe to the Newsletter service.

The Newsletter service consists in sending by the Seller to the e-mail address electronic messages containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all customers who have subscribed.

Each Newsletter addressed to given Customers includes in particular: information about the sender, a completed “subject” field, specifying the content of the shipment and information about the possibility and method of unsubscribing from the free Newsletter service.

The customer may at any time opt out of receiving the Newsletter by unsubscribing via the link included in each e-mail sent as part of the Newsletter service.

Personal data protection

 

Detailed provisions regarding the protection of personal data and the privacy policy can be found in the Privacy Policy, which is available on the Online Store website in the “Privacy Policy” tab at https://thecolorbright.com/polityka-prywatnosci/

Final Provisions

Color Bright reserves the right to amend these Terms of Sale by publishing an updated version on this website.

All concluded sales contracts and orders placed before the date of entry into force of the amendment to the Regulations will be implemented in accordance with the Regulations in the version in force on the date of conclusion of the sales contract and placing the order by the customer.

These Terms of Sale will be construed in accordance with Irish law. However, the laws of the country where you live may contain more favorable laws that you can make use of.

For the resolution of disputes that may arise from the interpretation, validity and enforcement of these Terms of Sale, if you are a resident or citizen of the European Union, you may use the European Commission’s Online Dispute Resolution Platform. , via the following link: https://ec.europa.eu/consumers/odr/main

The Regulations come into force on June 1, 2010.