condições de venda

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.pt, hereinafter referred to as “the Buyer”.

Object

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.pt, 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.pt

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.

Product Overview

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

Payment terms

Prices

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.

Orders

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

by PayPal

Invoice

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, professional or 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, unused, unopened and in their original packaging, without any degradation, registered parcel with acknowledgment of receipt) to the following address: StardustColors, ZA Tesan Plan Sud, 30126 St laurent des Arbres, France, 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
• color code paints made according to color chart ,  and prepared on request for vehicle or motorcycle brand.
• 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)
• Chrome-plating-spraying equipments, chrome machine, hose, spraygun (loss of compliance guarantee concerning chemical purity)
• Pigments
• IR/UV curing lamps

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

Stardustcolors reserves the right to not reship the order in the event that several NFTAs are identified.

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.

Customer's refusal to pay the country's customs duties and taxes

For these cases, StardustColors may reserve the right to refund the order, excluding shipping costs for sending and returning the order. For packages returned following a refusal to pay the taxes owed by Customs, StardustColors deducts the actual return costs incurred by the return of the package, calculated according to the weight of the package. In the event of loss of the package and non-return, StardustColors reserves the right not to refund the order.

Claim:

In the event of any complaint, contact StardustColors by email at info@stardustcolors.com

Deliveries

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.

Damaged package

When a parcel is delivered damaged, the mere act of accepting and opening it will void any possibility of claim with the carrier.

Late delivery:

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.

Unclaimed parcel:

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.


WARRANTIES – PRODUCTS, MATERIALS, AND EQUIPMENT

1. Statutory warranty applicable to consumers

When the buyer acts as a consumer, they benefit from the statutory warranty of conformity provided for in Articles L.217-3 et seq. of the Consumer Code.

STARDUSTCOLORS is liable for any lack of conformity existing at the time of delivery of the goods and appearing within a period of two (2) years from that date, under the conditions prescribed by law.

Any lack of conformity appearing within twenty-four (24) months of the delivery of new goods is presumed, unless proven otherwise, to have existed at the time of delivery, except where this presumption is incompatible with the nature of the goods or the alleged defect.

In the event of an acknowledged lack of conformity, the consumer is entitled to the rights provided for by the Consumer Code, specifically the bringing of the goods into conformity through repair or replacement under statutory conditions. The goods shall be brought into conformity at no cost to the consumer and within a period not exceeding thirty (30) days following their request, subject to the conditions and exceptions provided for by law.

Any goods repaired under the statutory warranty of conformity benefit from a six (6) month extension of said warranty, in accordance with Article L.217-13 of the Consumer Code.

2. Exclusions – Wear and tear, maintenance, and misuse

The statutory warranty of conformity does not cover deterioration, breakdowns, or malfunctions that do not result from a lack of conformity existing at the time of delivery of the goods.

In particular, the following may fall outside the scope of the statutory warranty, depending on the circumstances and subject to applicable mandatory provisions:

– normal wear and tear of the product or its components resulting from use;

– consumables and parts normally subject to wear and tear, where their replacement results from normal wear and not from a lack of conformity; – damage resulting from abnormal or abusive use, or use inconsistent with the product's intended purpose;

– failure to follow instructions regarding use, assembly, maintenance, cleaning, or storage;

– lack of or inadequate maintenance;

– use of consumables, products, or accessories incompatible with the equipment, where such incompatibility is the cause of the damage;

– impacts, drops, accidents, overloading, overheating, or damage occurring after delivery;

– modifications, disassembly, or repairs carried out by the buyer or a third party, where these are the cause of the observed defect.

These exclusions shall not deprive the consumer of rights arising from a lack of conformity covered by the mandatory provisions of the Consumer Code.

3. Sales to professional customers

When the buyer acts for purposes falling within the scope of their professional activity, the statutory warranty of conformity provided for in Articles L.217-3 et seq. of the Consumer Code—which applies to consumers—does not apply.

Unless a specific warranty is expressly stated on the product page or granted in writing by STARDUSTCOLORS, materials, machinery, and equipment sold to professional buyers are covered by a contractual warranty of twelve (12) months from the date of delivery.

This contractual warranty covers exclusively manufacturing defects or malfunctions attributable to the equipment itself, subject to the conditions set forth herein.

Notably, it does not cover normal wear and tear, consumables and wear parts, lack of maintenance, intensive or inappropriate use exceeding the equipment's specifications, accidental damage, use contrary to the manufacturer's or STARDUSTCOLORS' instructions, or unauthorized modifications or repairs that caused the damage.

This contractual warranty for professionals is without prejudice to mandatory legal provisions that remain applicable, particularly those regarding the warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

4. Warranty claims

Any warranty claim must allow for the identification of the order and the product concerned and include a precise description of the observed malfunction.

STARDUSTCOLORS may request any information reasonably necessary for diagnosis, such as photographs, videos, serial numbers, a description of usage and maintenance conditions, or—where necessary—the return of the equipment for inspection.

No equipment may be returned without STARDUSTCOLORS' prior agreement when such a return is requested by the after-sales service.

Technical inspection of the product will determine, in particular, whether the malfunction stems from a defect covered by the warranty or results from an external cause, normal wear and tear, lack of maintenance, or improper use. These provisions do not limit or exclude the mandatory rights enjoyed by the consumer under applicable law.

5. Warranty against hidden defects

Independently of the statutory warranty of conformity, where applicable, the buyer is entitled to the warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

This warranty covers hidden defects that render the good unfit for its intended use or that so impair such use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.

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.

Technical support

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

Responsibility

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)

Personal data

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.