Terms & Conditions

Terms & Conditions

GENERAL INFORMATION

These Terms and Conditions apply to all items ordered from ColorSeekers.com. By using this Website and/or placing your order you agree to be bound by the conditions set below. If you have any questions regarding these Terms, or in the unlikely event that you have any complaints about any products purchased, please contact us at hello@colorseekers.com.

We may change these terms and conditions from time to time without notice to you. Changes will apply to any subsequent orders received. Once your order has been confirmed, we will not be able to make any changes to the terms that apply to that order.

PRODUCT INFORMATION

We will adopt all possible means to ensure that all details, descriptions, colors, and prices of products appearing on the Website are correct at the time when the information was entered into the system. Limitations of color reproduction and the individual color setting of the Customer's screen may mean a slight variation. Please note that all items are manually measured. Therefore, minor measuring errors might occur.

All products on the Website are subject to availability. We may limit the quantity of products we supply, supply only part of an order or divide up orders. If an item the Customer has ordered becomes out of stock before we accept the order we shall notify the Customer as soon as possible and the Customer will not be charged for the out of stock items.

We reserve the right to refuse orders where product information has been mis-published, including prices and promotions. We also reserve the right to alter the terms or duration of any special offers or sale promotions.

PURCHASE OF PRODUCTS

By placing an order through our site, the Customer confirm that:

  • The Customer is legally capable of entering into binding contracts.
  • The Customer is at least 18 years old.
  • The Customer is resident in one of the countries serviced by our site, and
  • The Customer is accessing our site from that country.

The necessary steps to create the Contract between the Customer and ColorSeekers are as follows: You place an order on our Website for the products the Customer is willing to acquire by pressing the confirm order button at the end of the checkout process. The Customer will be guided through the process using simple instructions on the Website. Once the Customer has checked out and the order has been confirmed, the Customer will not be able to make any changes to your order, so please make sure that everything is correct before clicking the confirm button. As the product ships from our warehouse, we will send the Customer a dispatch confirmation email.

Order acceptance and the contract completion between the Customer and ColorSeekers will take place when we dispatch the products ordered to the Customer. However, we reserve the right to reject the Customer's order anytime.

Reasons for which we may have to reject the Customer's order in part or in full are, but are not limited to:

  • The product ordered is unavailable from stock or is incorrectly priced or otherwise incorrectly described.
  • We are unable to obtain authorization or capture the Customer's payment.
  • If the Customer fails to meet the eligibility to order criteria set out in these Terms & Conditions
  • If the Customer orders multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address
  • If the delivery address the Customer gives is the address of an entity or individual providing freight forwarding services

The Customer will be subject to the policies and Terms and Conditions in place at the time that the Customer orders products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Customer), or if we notify the Customer of the change to those policies or these terms and conditions before we send the Customer the Dispatch Confirmation (in which case we have the right to assume that the Customer has accepted the change to the terms and conditions unless the Customer notifies us to the contrary within seven working days of your receipt of the products).

We will take all reasonable care to keep the details of the Customer's order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss the Customer may suffer if a third party procures unauthorized access to any data the Customer provide when accessing or ordering from the Website.

Where applicable, the Customer may cancel your order by your rights under the Consumer Contracts Regulations. We will contact the Customer if there are any problems with the Customer's order.

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to the Customer or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PRICES

The price of any products will be as quoted on our site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent the Customer an Order Confirmation. 

All prices are charged in $ (USD). All items and variants will be charged tax. Please see our shipping & returns policy page for more details on shipping and returns.

We aim to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur, and products may be incorrectly priced. Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to the Customer. If a product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact the Customer for instructions before dispatching the Product or reject the Customer's order and notify the Customer of such rejection. We are under no obligation to provide the product to the Customer at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by the Customer as a mispricing. Suppose we have taken an advance payment in circumstances where pricing information is incorrect. In that case, we shall endeavor to refund the payment taken as soon as possible if the product has not been shipped.

TITLE & RISK

Ownership of the products will only pass to you when ColorSeekers has received full payment for such products, including delivery charges and we have accepted the Customer's order. The products will be at the Customer's risk from the time of dispatch.

CANCELATIONS & RETURNS 

Should you wish to cancel or return any Products, the Customer may only do so in accordance with our Returns Policy. This Returns Policy does not affect the Customer's statutory rights as a consumer (including, where applicable, the Customer's rights under applicable distance selling legislation or e-commerce regulations, the “Regulations”).  

As a consumer, the Customer may cancel your Contract from the moment the Customer places the order until seven days, from the day the Customer received the products. In this case, the Customer will receive full refund of the price paid for the products in accordance with our Return Policy.  

Where the Customer returns a Product under the Regulations, we will issue the Customer with a full refund, but the Customer will need to return the Product on the condition that it has been received at your own cost (if the Customer has already received the Product) unless otherwise specified in our Returns Policy. Where the Customer has paid any duties or taxes on the importation of the Product the Customer wishes to return, ColorSeekers shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible. 

If by error or omission the Customer indicates a wrong delivery address and/or the Customer refuses delivery of the order and/or the Products cannot be delivered to the Customer within two delivery attempts because no one is available to receive the Products at the address the Customer has indicated, the Customer will be liable for the cost to return the Products to us and any such cost will be payable by the Customer or deducted from any refund due. 

GIFT CARD TERMS

Our Gift Cards are available to be purchased online for set amounts. If you would like to purchase a gift card for a custom amount, please email our customer service team at hello@colorseekers.com and we would be happy to assist you.

Gift cards cannot be purchased using any offer or discount code.

LIABILITY

ColorSeekers warranty does not apply to any defect in the products arising from fair wear and tear, wilful damage, accident, or negligence by the Customer or a third party if the Customer uses the product in a way that we do not recommend or any alteration or repair the Customer carries out without our prior written approval. 

ColorSeekers is not responsible for indirect losses that happen as a side effect of the primary loss or damage, and even if such losses result from a deliberate breach of these Terms by us that would entitle the Customer to terminate the Contract between us, including but not limited to: 

  • Loss of income or revenue 
  • Loss of business 
  • Loss of profits or contracts 
  • Loss of anticipated savings 

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms, if the delay or failure arises for any cause, which is beyond our reasonable control. 

Our total liability to the Customer for any loss or damage arising in connection with this Agreement shall be limited to the total price of the Customer's order. 

The Website may provide content from other internet sites or resources, and while ColorSeekrs tries to ensure that material included on the Site is correct, reputable, and of high quality, it does not make any warranties or guarantees in relation to that content. If ColorSeekers is informed of any inaccuracies in the material on the Site, we will attempt to correct them as soon as we reasonably can. 

Our liability shall not in any event include business losses such as lost data, lost profits or business interruption. 

TRANSFER OF RIGHTS & OBLIGATIONS

The Contract between the Customer and us is binding on the Customer and us and on our respective successors and assigns. The Customer may not transfer, assign, charge or otherwise dispose of a Contract, or any of the Customer's rights or obligations arising under it, without our prior written consent. 

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the Customer from compliance with such obligations. 

A waiver by us of any default shall not constitute a waiver of any subsequent default. 

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing. 

LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising from or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be subject to US Law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of New York.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to the Customer should be in writing. When using our site, the Customer accepts that communication with us will be mainly electronic. We will contact the Customer by e-mail or provide the Customer with information by posting notices on our Website. For contractual purposes, the Customer agrees to this electronic means of communication, and the Customer acknowledges that all contracts, notices, information, and other communications that we provide to the Customer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer's statutory rights.

INTELLECTUAL PROPERTY AND CONTENT

ColorSeekers owns or has permission to use the intellectual property rights in the Website and its content. These rights are protected around the world. All such rights are reserved.

The Customer is allowed to store, print, and display our Website content only for your own personal use. The Customer is not allowed to use any part of the Website for commercial purposes unless the Customer has our express permission. The Customer is also not allowed to use the ColorSeekers logo or affiliated trademark without our express permission. All the imagery on our Website is subject to intellectual property rights, and the Customer is not allowed to copy, use, modify, or distribute any of the imagery for any purpose save for reasonable personal use exclusively in the context of using our Website to evaluate a product for purchase.

ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing. 

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of Contract as provided in these terms and conditions.