These terms govern every order placed through this site.
1Scope and parties
The seller is colorNdrive UG (haftungsbeschränkt), Bürgermeister-Widmeierstr. 23, 86179 Augsburg, Germany ("we"). These terms apply to all contracts concluded through this website in the version current when the order is placed.
A consumer is any natural person entering into the contract for purposes outside their trade, business or profession. A trader is a natural or legal person acting in the exercise of their trade, business or profession. Where a clause applies only to one of the two, it says so.
We do not accept the buyer’s own terms and conditions unless we have agreed to them expressly and in writing.
2How a contract is formed
Product listings on this site are not a binding offer. They are an invitation to place an order.
By completing the checkout you make a binding offer to buy the items in your basket. We confirm receipt of that order by e-mail immediately; that acknowledgement is not yet acceptance. The contract comes into effect when we send a separate order confirmation or dispatch the goods, whichever happens first.
Before you submit the order you can review your entries and correct them using your browser and the controls provided in the checkout.
3Prices and shipping costs
Prices shown include statutory VAT where it applies. Shipping costs are shown separately before you submit the order and are stated in the order summary.
For deliveries outside the European Union, import duties, taxes and customs clearance fees may fall due in the destination country. These are not included in our prices and are not charged by us. Where they are collected upfront at checkout, that is stated as a separate line.
4Payment
The payment methods available to you are shown in the checkout: Shopify (Shopify International Limited, Ireland), Shopify Payments, PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg), Stripe (Stripe Payments Europe, Limited, Ireland).
Payment falls due when the contract is concluded. If a payment is reversed through no fault of ours, you owe us the resulting bank charges.
5Delivery
We deliver by carrier (DHL, UPS, FedEx). Delivery times and destinations are set out in our shipping policy; times given there are estimates, not fixed dates, unless we have expressly agreed a fixed date with you.
If an item becomes unavailable through no fault of ours after the contract is concluded, we will tell you without delay and refund any payment already made without delay.
For consumers, the risk of accidental loss or deterioration passes on handover of the goods. For traders it passes when the goods are handed to the carrier.
6Retention of title
The goods remain our property until paid for in full.
7Right of withdrawal
Consumers have a statutory right to withdraw from a distance contract. The conditions, the time limit, the consequences and the model withdrawal form are set out in full in our right of withdrawal notice, which forms part of these terms.
8Defects
The statutory rules on liability for defects apply. For consumers the limitation period for claims arising from defects in new goods is two years from delivery.
Touch-up paint is mixed to a manufacturer paint code. Because factory batches, the age and condition of the existing finish, and screen rendering all differ, small variation between the repair and the surrounding paint is inherent to the product and is not a defect. A colour that does not correspond to the paint code you supplied is a defect, and we will put it right.
Please report transport damage to us; this is not a condition of your rights, but it helps us pursue a claim against the carrier.
9Liability
We are liable without limitation for injury to life, body or health, for intent and gross negligence, under the Product Liability Act, and where we have given a guarantee.
For slight negligence we are liable only where we breach an obligation whose fulfilment is essential to performing the contract and on whose observance you may routinely rely, and then only for the foreseeable damage typical of this kind of contract.
Any further liability is excluded.
The product is a solvent-based paint. Follow the instructions supplied and the safety information on the packaging; we are not liable for damage caused by use contrary to those instructions.
10Applicable law and jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice does not remove the protection of mandatory provisions of the law of the country in which you habitually reside.
Where the buyer is a trader, a legal person under public law or a special fund under public law, the place of jurisdiction is our registered seat.
11Contract text and language
We store the contract text and send you the order details by e-mail. The contract can be concluded in any of the languages this site is published in.