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The present terms of sale are agreed between, on one hand, STARDUSTCOLORS SAS hereinafter referred to as “Stardustcolors” and, on the other hand, any natural person or legal entity wishing to buy direct or order through the website Stardustcolors.de, hereinafter referred to as “the Buyer”.
The following terms of sale aim to define the contractual relationships between Stardustcolors and the Buyer as well as the conditions applicable to any purchase made through the commercial website www.stardustcolors.de , whether the Buyer is professional or consumer.
Acquiring goods or services through this site means that the Buyer accepts the present sales terms without reserve.
These general terms of sale shall prevail over any other terms or conditions not expressively formerly agreed by Stardustcolors.
Stardustcolors reserves the right to modify terms and conditions at any time. In this case, the applicable terms and conditions will be those in force at the date of the order by the Buyer.
Characteristics of goods and services for sale
Products and services for sale are listed in the catalogue published online on the website stardustcolors.de
The pictures and presentations of the products listed in the catalogue are perfectly faithful with the true nature of the products presented.
Validity of offers
In case of debit or collection due to the order of an unavailable item, StardustColors makes the commitment to offer a credit note or to refund the Buyer within 14 days. The StardustColors store undertakes to notify by email the purchaser who has placed an order for an unavailable item.
Each product is accompanied by a description and instructions for application drawn up by the supplier; the Buyer may have access to the supplier's Safety Data Sheets on request.
StardustColors presents and describes its products with the greatest care in order to best inform the customer. It is however possible that errors can appear on the site, which the Buyer acknowledges and accepts. In any event, for non-compliance of the product delivered from its description on the site, the Buyer may either exercise his right of withdrawal or implement the guarantee of conformity of StardustColors who will carry, if any, exchange or pay back (in whole or part) the invoiced product
The prices listed on the website include all taxes and are in euros for users registered in France and Europe. The prices listed on the website exclude taxes and are in euros for users registered in French overseas departments and territories (Outside the European Union)
Any change in the rate may be reflected in the price of the goods or services.
Stardustcolors reserves the right to modify its prices at any time, with the understanding that the price shown in the catalogue on the day of an order will be the only prices applicable to the Buyer.
Prices do not include the cost of order processing, transportation and delivery.
The Buyer who wishes to buy a product or a service must:
- fill in the identification form on which he will indicate all the contact details requested or give his customer number, if any;
- fill out the order form online providing all the references of the products or services chosen;
- validate his order after having verified it;
- make payment under the conditions provided;
- confirm his order and payment.
The confirmation of order involves acceptance of these conditions of sale, recognising having full knowledge of them and renouncing the use of his own terms of purchase or other terms.
All the data provided and the recorded confirmation will be proof of the transaction. Confirmation shall be deemed a signature and acceptance of transactions.
Payment is required at the time of ordering.
Payments will be made with the following means of payment:
by bank transfer
by credit card, through the MERCANET secure system, which encrypts the transmitted information using a software, ensuring that no third party can read it during transmission through the network
The invoice is attached to the package. At the Buyer’s request, a duplicate will be sent to him electronically or by letter.
Right of withdrawal
The Buyers, private non-professional individuals, benefit from a legal delay of withdrawal of 14 days (working days) from the delivery of their order to return the product to the seller for exchange or refund (return of new products, unopened and in their original packaging, without any degradation, registered package with acknowledgment of receipt) to the following address: StardustColors, ZA Tesan Plan Sud, 30126 St laurent des Arbres, without penalty, with the exception of the expenses of return. When the right of withdrawal is exercised, StardustColors shall reimburse the Buyer for the entire amount paid (shipping costs and goods), as soon as possible and no later than 14 days following the date on which this right has been exercised. The reimbursement may be by way of credit notes if the Buyer has agreed to this method of repayment.
The aforementioned rule does not apply in the following cases:
There is no withdrawal period applied to the following distance purchases:
Objects sold sealed (bottles and cans of paints) if they are unsealed
Special effects products produced in special packaging and in quantities greater than 1 Liter (No effect products above 1 L per colour are stored at our warehouse), customized products (colours, version, etc.) and special preparations that are not included in our catalogue. ,
Products sensitive to temperature (thermochromic), to light (photochromic, black light, Chrome consumables) and to air (hardeners)
Chromium equipments, machine, hose, spraygun (loss of compliance guarantee concerning chemical purity)
Reimbursement of shipping fees:
For packages that have not been delivered to the final consignee for the following reasons: NFTA (not found at this address) unclaimed or refused: For these cases, StardustColors may reserve the right to proceed with the refund excluding shipping costs of the order and not to the re-dispatching of the order in case several NFTAs are identified.
* Wrong address: Error in the shipping address provided by the Buyer.
* NFTA: Packages returned by the delivery service provider marked as: Not found at this address. After reception and acceptance of your package by our services, StardustColors will contact the Buyer by email and telephone. According to the wishes of the Buyer, Stardustcolors will return the order to the Buyer (shipping cost fully chargeable to the customer without volume discount) if the product is still available or proceed with the refund of the order excluding shipping charges.
* UNCLAIMED: Packages that have not been claimed by the customer at the post office or at the delivery point within the deadlines. After reception and acceptance of your package by our services, StardustColors will contact the Buyer by email and telephone. According to the wishes of the Buyer, Stardustcolors will return the order to the Buyer (shipping cost fully chargeable to the customer without volume discount) if the product is still available or proceed with the refund of the order excluding shipping charges.
* REFUSED: returns due to “TURNED OVER” for a reason: Undamaged package refused at the time of delivery. In this case, Stardustcolors proceeds to the refund of the order excluding shipping costs.
In the event of any complaint, contact StardustColors by email at email@example.com or on the Hotline at +33 466506166 (standard call price)
Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.
StardustColors Information Obligations
The seller will communicate by email confirmation of the registered order.
When a parcel is delivered damaged, the mere act of accepting and opening it will void any possibility of claim with the carrier.
The delivery times are given for information only; in case of delay in the delivery, when the maximum delivery date is exceeded, the Buyer can decide to cancel his order. The Buyer has a period of 60 days, from the initial scheduled delivery date, to submit a request to cancel his order, by registered letter with acknowledgement of receipt. The sale is cancelled upon receipt of your letter by StardustColors, unless the delivery has occurred between the sending and receiving of your mail. When the sale is cancelled, StardustColors must refund to the Buyer all amounts paid, including shipping fees, no later than 30 days.
These parcels do not fall within the scope of the law on the right of withdrawal: They have not been claimed by the customer or to the delivery point within the deadlines. In this case, according to the wishes of the Buyer, Stardustcolors will return the order to the Buyer (shipping cost fully chargeable to the customer without volume discount) if the product is still available or proceed with the refund of the order excluding shipping charges.
- Hidden defects, defective products and application-related issues:
All products supplied by the seller benefit from the legal guarantee provided for in articles 1641 and following of the French Civil Code: A seller is bound to a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the Buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Stardustcolors is responsible for ensuring that the products are in conformity with the specifications and of the relevant characteristics deriving from the product description. Stardustcolors reserves the right to modify the product in order to incorporate the latest technological developments or changes in regulatory requirements.
If these changes have little or no impact on the use and properties of the product, they should not be explicitly disclosed to the Buyer. The goods must be inspected upon receipt by the Buyer for defect. Obvious defects must be notified in writing or by email within 6 days of receipt of the goods. The notification must describe the nature and extent of the damage in detail, including pictures and details of the order.
Stardustcolors shall not be liable for defects which are caused by improper handling or storage of goods, modifications caused by Buyer or third party handling, by persons not approved by Stardustcolors. Defective products must be retained for this purpose and, where applicable, they may be returned for examination, only if required to do so by Stardustcolors. If the defect is confirmed, or in the absence of audit by Stardustcolors.com, Stardustcolors is responsible for the defect and the defective product will be replaced free of charge. Other claims, such as labor or other materials costs, or cost for parts, etc., cannot be called by the Buyer as the Buyer has a duty to test the ability of the equipment for intended use before processing. To remedy to the defect or to make the delivery for replacement, StardustColors shall have a period of 30 days from receipt of the defective item. If StardustColors cannot find a solution to the defect within this period, StardustColors is required to inform the Buyer. The Buyer has the right, according to his choice, to request a refund of the item. Warranty claims expire after 12 months of receipt of the goods by the Buyer.
Considering that all the information concerning the products is clearly detailed on the website pages, that the Buyer knows the specific nature of certain special effects products which can therefore be more vulnerable to external conditions (temperatures, UV exposure ) and that StardustColors cannot control the conditions of the application (application method, respect of application instructions, use of products from other brands - Bases, primers and topcoats), StardustColors provides no guarantee with respect of good performance over time, or good resistance to external conditions for the products offered for sale.
Stardustcolors recommends the application of its products with StardustColors undercoats and topcoats,
and shall not be liable for any defect resulting from incompatibility of its products with products of another brand.
The technical support and advice we give are in good faith and without warranty.
All data and information on the product, processing and application shall not release the Buyer from the obligation to test the goods to determine their suitability for intended use and process.
This includes, in particular,the testing of paints before painting the final application, for example, by preparing a model or spray sample.
stardustcolors.de cannot be held accountable or be found guilty of gross negligence by virtue of its sole technical consultation
The seller, in the process of selling online is only bound by an obligation of means, and may not be held liable for damages arising from the use of the Internet such as losses of data, intrusion, virus or disruption of service or any other involuntary problems.
The application, use and processing of our products are beyond our control and, thus, are exclusively the Buyer's responsibility.
In case of negligence, the paint shop or the applicator is solely responsible for the violation of contractual obligations.
Stardustcolors cannot be held responsible for damage resulting from the use, processing and disposal of products.
In all cases, Stardustcolors' liability for damages may not exceed the value of the goods delivered.
Treatment / use / safety / environmental protection
Stardustcolors products are only intended for vehicle, industrial or decorative painting. The technical instructions for use on the cans as well as in the data sheets on the Stardustcolors.com website
must be followed, as well as information and safety notes on health and environmental protection, as well as those contained in the safety data sheets.
Stardustcolors cannot be held liable for damage that occurs in the event of violation of these rules by the user or third parties.
Compliance with applicable environmental regulations and proper disposal of residues, empty containers is the Buyer's responsibility.
The products must be kept out of the reach of children and unauthorized third parties, and stored in a safe place.
Stardustcolors strongly recommends the use of personal protective equipment (respirator, goggles, gloves, clothing)
In accordance with the laws of January 6th, 1978, concerning data processing, data bases and freedom, the information on personal data relating to Buyers may be treated through automated systems. Buyers may object to the disclosure of their contact information by notifying Stardustcolors. In the same way, the Buyers have a right of access and rectification of the data concerning them, in accordance with the law of January 6th, 1978.
Archiving - Proof
Stardustcolors will archive purchase orders and invoices by means of a secure and permanent system that contains an accurate copy of the original according to Article 1348 of the French Civil Code.
Stardustcolors computerised registers shall be deemed by the parties to be proof of the communications, orders, payments and transactions occurring between them.