PREAMBLE

The present conditions of sale are concluded on the one hand by the company Internet1978 whose registered office is at 30 rue des Flandres 33560 Carbon Blanc – France, registered with the RCS of Bordeaux under the number 432 763 704, hereinafter referred to as “COLORSNUMBERS” and on the other hand, by any individual or legal entity wishing to make a purchase via the website www.colorsnumbers.com hereinafter referred to as “the Customer”.

COLORSNUMBERS reserves the right to modify these Terms and Conditions of Sale at any time by publishing a new version on the Site. The General Terms and Conditions of Sale applicable are those in force on the Site on the date the order is placed by the Customer; it being specified that any order for a Product offered on the Site implies the Customer’s full and complete acceptance of the General Terms and Conditions of Sale in force at the time the order is placed.

The purpose of these General Terms and Conditions of Sale is to define the rules applicable to the sale of COLORSNUMBERS products on the site, any individual of legal age or minor with parental authorization, non-trading, with the legal capacity to contract, exclusively domiciled in the countries supplied by www.colorsnumbers.com purchasing a Product on the Site.

ARTICLE 1 – PURPOSE

The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Products are marketed by COLORSNUMBERS to the Customer. They regulate the various stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.

ARTICLE 2 – PRODUCTS

The Products offered for sale by COLORSNUMBERS are those shown on the Site on the day of consultation by the Customer. Each Product will be the subject of a description sheet which, in addition to the photograph, will contain: the price, the photograph, the sizes available, the composition, as well as the particular characteristics. Minor differences between a product and its photograph may exist, depending in particular on the resolution and color definition of the user’s screen.

Information on product availability is provided at the time the order is placed. In the event of product unavailability after the order has been placed, COLORSNUMBERS undertakes to inform the customer by e-mail as soon as possible after receipt of the information. The order of this product will be automatically cancelled, the rest of the order remaining firm and definitive.

Reimbursement will be made directly to the customer’s bank account within thirty days of payment of the sums paid by the customer.

The products ordered on COLORSNUMBERS are made-to-measure from our workshops located abroad (outside the European Union). Products are therefore shipped from our production workshops abroad (outside the European Union).

ARTICLE 3 – PRICES

Prices are indicated in Euros for metropolitan France and the European Union, excluding taxes, and are therefore not subject to VAT deduction. For all other countries outside the European Union, prices are indicated in US Dollars.

The prices applied are those communicated on the Site, are guaranteed within the limits of available stocks and are confirmed to the Customer when the order is validated.

The transfer of the risks of loss and deterioration of the Products will take place after delivery and receipt of the Products by the Customer.

We reserve the right to modify our prices at any time, but we undertake to apply the prices indicated on the Site at the time of your order.

We inform you that in the event of the display of an erroneous or obviously derisory price (low price), for whatever reason (computer bug, manual error, technical error, etc.), the order – even if validated by us – will be cancelled, and we will inform you of this as soon as possible. You will then be able, if you wish, to place your order again at the correct price.

For deliveries abroad, the recipient may be required to pay delivery and customs charges, depending on the legislation in force in the country of destination.

ARTICLE 4 – PRODUCT ORDERING AND PAYMENT

4.1 PLACING AN ORDER

The Customer places an order by completing the following 5 steps

Step 1: For the first order, the customer must create a customer account by filling in a form containing the following information: title, surname, first name, full delivery address and e-mail address. The customer must then identify him/herself by entering his/her e-mail address and password. The customer is informed and accepts that the entry of these two identifiers (e-mail address and password) constitutes proof of his/her identity and expresses his/her consent. The customer declares that he/she is 18 years of age or, failing this, that he/she has parental authorization to place an order on the site.

Step 2: The customer selects the Products and adds them to the shopping cart after choosing the size and color desired.

At any time, the customer may :

• Obtain a summary of the products selected by clicking on the link at the top right of the “My basket” screen, indicating the number of Products it contains,
• Continue shopping by clicking on the “Continue shopping” link,
• Complete your selection and place your order by clicking on the “Checkout” link.

Step 3: The customer checks the contents of the shopping basket by clicking on “Checkout” to access the order summary. The customer can then modify his/her order (product, size, quantity).

The total amount of the order, distinguishing on the one hand the price due for the Products, and on the other hand the delivery charges, is then indicated in the summary. Once the order has been checked and, if necessary, modified, the Customer validates his basket in order to finalize his order by clicking again on “order”.

If the customer has an advantage code, he/she must enter it in the space provided in order to benefit from it.

Step 4: Customer enters delivery and billing details
With the exception of telephone, additional address and delivery information, all fields are required to finalize the order. Unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.

If the Customer has already placed an order on the Site, he/she will have a customer account. In this case, he/she will only identify himself/herself with his/her e-mail address and password.

The customer then checks all the information and clicks on “validate” to continue with the order.

Step 5: Entering bank details

The Customer will then access the secure payment screen of partner COLORSNUMBERS as specified in article 4.3 below.

Payment is made online by credit card only.

The Customer must enter his/her bank card number, its validity date and the 3 numbers of the visual cryptogram on the back of his/her card, it being specified that in the case of payment by American Express card, the Customer must enter 4 digits.

If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.

If payment fails, the Customer will have up to 3 attempts to re-enter his/her bank details. After the 3rd refusal, the Customer will be redirected to a screen on the Site indicating that payment has been refused. The Customer will then be invited to contact COLORSNUMBERS customer service to find out the reasons for this and to work together to find a solution to finalize the Customer’s order.

4.2 ORDER CONFIRMATION

As soon as the Customer’s payment has been accepted, the Customer will receive an e-mail confirming the order and summarizing all the items ordered, the billing and delivery address and the delivery date.

The validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by COLORSNUMBERS following acceptance of payment constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.

The Customer who has placed an order will be able to print the invoice by logging on to the Site in the order tracking area provided for this purpose.

COLORSNUMBERS reserves the right not to validate the order in the event of :

• Abnormal or abusive complaints,
• Abnormal orders with regard to quantities ordered,
• Abnormal or abusive exchanges and returns,
• Existing dispute(s) with the customer.

We reserve the right to refuse an order for a legitimate reason, for example in the following circumstances:

• The item ordered is no longer in stock,
• We have been unable to obtain authorization for payment,
• An error has been identified in the product information, including price or promotion; and/or if we suspect fraudulent activity.

In all cases we will inform you accordingly, and if payment for your order has already been made, we will refund you without delay and in any event within 30 days.

For all orders over 150 euros COLORSNUMBERS may request proof of identity before preparing and shipping the order.

The COLORSNUMBERS customer service department is available to the Customer for any questions relating to the order. Customer service is available :

• By e-mail contact@colorsnumbers.com,
• By post to the above address.

4.3 PAYMENT

The price of Products purchased is payable in cash, in full, on the day the order is placed by the Customer. Payment is made online by the following methods (Carte Bleue, Visa, Mastercard, Paypal, Scalapay) at the time the order is validated by the Customer.

Our partner Scalapay offers three-installment payment (currently unavailable for Monegasque Internet users), free of charge, for all orders over 150 euros. Partial payments by gift card are not available with this payment solution.

Payment by Scalapay: is made online when the order is placed. It is secured by Scalapay and allows you to make your purchases in complete safety. Payment is made in three instalments: 1st instalment at the time of purchase, 2nd instalment 1 month after the day of purchase, 3rd instalment 2 months after the day of purchase.

If the Internet user chooses to pay in three instalments without charge, he/she must accept the terms and conditions of use, or the general terms and conditions of sale, as well as the privacy policy of SCALAPAY, which will then become his/her sole contact for any questions or requests relating to this payment solution. The Internet User must take all necessary steps to obtain any information on this payment method, in order to assess it in the light of his or her own repayment capacity and thus avoid any risk of overindebtedness.

The direct debit authorization request is made at the time of order validation on the Site, except in the event of server unavailability. COLORSNUMBERS reserves the right to make a new direct debit authorization request in the event that the first request is unsuccessful due to server unavailability.

In the event of non-payment, incorrect address or any other problem with the Customer’s account, COLORSNUMBERS reserves the right to block the Customer’s order until the problem has been resolved.

In the event of fraudulent use of a credit card on the Site, the Customer is invited to contact COLORSNUMBERS by e-mail: contact@colorsnumbers.com.

All information exchanged to process payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. At no time does the customer’s financial data pass through the COLORSNUMBERS computer system. Stripe verifies that the connection with the Customer’s browser is secure before sending the payment form to the banking institution that carries out the financial transaction.

As Stripe is a technical service provider, it does not handle any disputes relating to orders, which are handled directly by COLORSNUMBERS as specified above or, where applicable, by the Customer’s bank.

4.4 ORDER ARCHIVING

The order confirmation is recorded on COLORSNUMBERS registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation shall be considered as proof of the contractual relations between the Parties.

ARTICLE 5 – DELIVERY

5.1 Definition of delivery

Delivery means the transfer to the Customer of physical possession or control of the goods.

5.2 Delivery time

The Vendor undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products, depending on the type of product, within a period of one week to six weeks after receipt of order.
These deadlines are subject to variation according to the closures and vacations of the various workshops with which we work.

5.3 Late delivery

If the product ordered is not delivered or the service is not provided on the date or at the expiry of the period mentioned on the order form, the Customer may, after having unsuccessfully enjoined the Vendor to fulfil his obligation to deliver within a reasonable additional period, rescind the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.

5.4 Delivery address

Products are delivered to the address indicated by the Customer on the order form.
Delivery is made to the doorstep. Delivery to upper floors cannot be guaranteed.

5.5 Delivery methods

Delivery is made by handing over the product directly to the Buyer or, failing this, by the Seller sending a notice of availability to the Buyer.

Within fifteen days of the notice of availability, the Buyer must collect the product ordered.

If the product is not collected within this period, the Vendor may, after a formal notice from the Buyer which has remained without effect, collect the product, cancel the order by operation of law and retain the deposit paid as compensation.

When the product is delivered to the address indicated on the order form by a carrier, it is the Buyer’s responsibility to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt, and, if necessary, to refuse the product and notify the Vendor.

5.6 Product conformity

If the product does not conform to the order, the Customer must send a complaint to the Vendor in order to obtain the replacement of the parts or product, or possibly the cancellation of the sale.

Any complaint made after painting has begun will not be accepted.

5.7 Failure to deliver

In the event of total failure to deliver, the contract of sale shall be cancelled ipso jure.

5.8. Delivery and transfer of risk

The risk of loss or damage to the goods is transferred to the Customer at the moment when he, or a third party designated by him, takes physical possession of the goods, without distinction according to their nature.

The product, which is delivered to the Customer by a carrier chosen by the Seller, travels at the Seller’s risk.

Products delivered to the Customer by a carrier chosen by the Customer travel at the Customer’s risk from the moment the goods are handed over to the carrier.

5.9 Transfer of ownership

From the delivery date indicated on the order form, ownership of the product is transferred to the Buyer, except in cases where full payment of the price has not been received at the time of order.

5.10 Modification and cancellation while shipment is in progress

If the Buyer wishes to make a modification involving the return of the product or to cancel the order AFTER it has been dispatched, a deduction of €24.90 (twenty-four euros and ninety cents) will be applied.

5.11 Return to sender

Once a product has been dispatched, our delivery department will contact the purchaser if there are any problems with the delivery.

If the parcel is returned to sender, after 3 emails without any action from the buyer, the seller reserves the right to reimburse the customer – (minus) €24.90 (twenty-four euros and ninety-nine cents).

ARTICLE 6 – LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS

6.1 Customer information

The general terms and conditions of sale applicable to consumer contracts mention:

• In accordance with the procedures laid down by decree of the Minister for the Economy, the existence, conditions of implementation and content of the legal guarantee of conformity and the guarantee relating to defects in the item sold, owed by the Vendor,
• Where applicable, the existence of a commercial warranty and after-sales service.

All products supplied by the Vendor are covered by the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, or by the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.

6.2 Implementation of the guarantee of conformity

The Vendor is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from packaging or assembly instructions.

To conform to the contract, the goods must:

1. Be fit for the use normally expected of similar goods and, where applicable:

• correspond to the description given by the Vendor and possess the qualities that the Vendor has presented to the Buyer in the form of a sample or model,
• Have the qualities that a Buyer may legitimately expect in the light of public statements made by the Seller, the producer or his representative, particularly in advertising or labelling;

2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.

Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.

6.3 Implementation of the warranty for hidden defects

The Vendor is bound by the warranty for latent defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the Purchaser would not have purchased it, or would have paid a lower price for it, had he been aware of them.

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

ARTICLE 7 – RIGHT OF WITHDRAWAL

Only orders placed on www.colorsnumbers.com may be returned or exchanged by COLORSNUMBERS. The Customer has a period of 14 working days from the date of receipt of the order to return the Products ordered, without justification or penalty.

For any exchange or return under the provisions of articles L 121-16, the procedure below must be followed in full:

• The customer must complete the returns form available on the site under the heading “Exchanges & returns”,
• You will receive a confirmation by e-mail including a return confirmation with the return form that the customer must enclose with his parcel. No return will be accepted without the duly completed return form,
• Products must be returned in their original packaging in perfect condition for resale (full paint pots, plastic bags, etc.), with their label and any accessories, in perfect condition to : ColorsNumbers – 30 rue des Flandres #16 – 33560 Carbon Blanc – France. Returns of painted paintings or paintings with painted numbers, as well as open or missing paint pots, will be refused,
• For all returns, please keep your shipping documents. Make sure your return is well packaged to avoid any damage to the products or boxes,
• All COLORSNUMBERS boutique purchases can be exchanged or returned for a voucher. No refunds are possible.

Subject to the above conditions, COLORSNUMBERS will refund the amount of the order including VAT to the Customer. The return costs are invoiced in the case of a definitive return and are automatically deducted from the refund. The Customer’s bank account will be credited with the said amount within 30 days of receipt of the Products by COLORSNUMBERS.

ARTICLE 8 – PERSONAL DATA

COLORSNUMBERS collects a certain amount of information necessary to process orders.

This data is not only necessary for the processing of the Customer’s order by COLORSNUMBERS, but also to communicate to the Customer information on the COLORSNUMBERS brand, on the Site or to make him benefit from commercial offers COLORSNUMBERS; if the Customer accepts it by validating his order.

The information is strictly confidential and is indicated by an asterisk (*) when it is necessary for COLORSNUMBERS, and/or its service providers within the framework of the management of the Customer’s order.

Following any injunction of the legal authorities or in order to defend its rights or those of its employees, customers or any other person, COLORSNUMBERS will be able to communicate these data to the organizations and authorities legally entitled.

COLORSNUMBERS undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer’s personal information from being distorted, damaged or accessed by unauthorized third parties.

The Customer’s personal information is sent to and stored at the site host located in France, whose contact details are given on the site under the heading “Legal Information”.

In accordance with the French Data Protection Act of January 6, 1978, as amended by the Act of August 6, 2004, customers have the right to access, rectify, modify and delete data concerning them.

The site is registered with the Commission Nationale de l’Informatique et des Libertés (CNIL) under no. XXXXXX. The Customer may exercise this right by sending a letter to the following address or by email, specifying his surname, first name, email and postal address: ColorsNumbers – 30 rue des Flandres #16 – 33560 Carbon Blanc – France.

Customers can also modify their personal details in their customer area by logging in using their e-mail address and password.

ARTICLE 9 – INTELLECTUAL PROPERTY

All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.

They are the exclusive property of COLORSNUMBERS. The user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the homepage of the site, must request authorization from COLORSNUMBERS.

On the other hand, any hypertext link to the site using the framing or in-line linking technique is strictly prohibited.

In all cases, any link, even tacitly authorized, must be removed on simple request by COLORSNUMBERS.

Hypertext links may lead to sites other than this site. COLORSNUMBERS declines all responsibility in the event that the content of these sites contravenes the laws and regulations in force.

ARTICLE 10 – COOKIES

In order to process the Customer’s order, and in order to better understand the Customer’s needs and personalise the services offered on the Site, COLORSNUMBERS uses cookies. A cookie is a computer file stored on the hard disk of the Customer’s computer, the purpose of which is to indicate that the Customer has visited the Site.

Cookies memorize the time the customer spends on the Site, his identity (known thanks to his e-mail address and password) and the contents of his basket. Once disconnected from the Site, this information is stored for 30 days before being permanently deleted.

Customers may prevent cookies from being saved by configuring their Internet browser. In this case, he/she will not be able to personalize the service offered on the Site.

ARTICLE 11 – LIMITATION OF LIABILITY

Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks associated with the use of the Internet network.

COLORSNUMBERS shall not be held liable for any direct or indirect damage resulting from misuse or incident related to the use of the computer, access to the Internet, maintenance or malfunction of servers, telephone lines or any other technical connection, as the Customer’s connection to the Site is made under his/her sole responsibility.

ARTICLE 12 – FORCE MAJEURE

COLORSNUMBERS shall not be liable for the total or partial non-performance of its obligations under the order placed by the Customer, if such non-performance is caused by an event constituting force majeure as defined by positive law.

In such a case, COLORSNUMBERS will inform the Customer of the occurrence of such an event within 3 clear days of its occurrence, by e-mail.

After a period of 1 month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and, where appropriate, COLORSNUMBERS will refund the credit card used to place the order within a maximum period of 30 days.

ARTICLE 13 – APPLICABLE LAW

Should any of the terms of these General Terms and Conditions of Sale be declared null and void, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.

The General Terms and Conditions of Sale are executed and interpreted in accordance with French law.

In the event of a dispute, the customer shall first contact COLORSNUMBERS to obtain an amicable solution. Failing agreement, the Commercial Court of Bordeaux shall have sole jurisdiction.