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WELCOME ON KOLOR E-STORE

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General conditions of sale

1. Introduction

Scope and amendment of general conditions of sale

The general conditions of sale herein apply to all orders placed on the www.kolor.com website and govern exclusively the contractual relationship between each consumer customer of the www.kolor.com website and the company Kolor, a limited company with a capital of 8,000 euros, head office at 112 voie Albert Einstein, 73800, Francin, France, listed in the Trade and Companies Register of Chambéry under the number 479 247 751, and VAT number FR50479247751 (hereinafter, referred to as Kolor).

Kolor reserves the right to amend the current general conditions of sale at any time. Amendments shall be binding from the moment that they are put online and shall not apply to orders placed before that time. Each order is governed by the General Conditions in force on the date that the order is placed.

By validating your order, you accept our General Conditions without reserve after having read them.

2. Orders and customer service

Orders

All orders must be carried out on our website, www.kolor.com.

If it is not possible for you to place the order and/or pay via our online store, or if you would like to place a very specialized order (in particular, reseller orders), feel free to use our contact form to contact us before placing the order. Our team will get back to you as soon as possible.

Accessing orders and updating personal information

You may consult your current and previous order and access your personal information at any time via your customer account. You may update your personal information, such as your e-mail address and your ZIP code, yourself.

Customer service

Kolor has a customer service team available to answer all of your questions. Customer service is available in French and English and can be accessed by e-mail via our contact form.

To provide you with the best possible customer service, each time you communicate with us, please give the e-mail you used when you created your customer account.

We also remind you that a lot of information may be accessed directly from your customer account and via our resource center.

3. Licenses and updates

Licenses

When you buy the software, you receive a registration key by e-mail which converts the demo version available on our website’s download page into the full and enabled version. Your registration keys may be accessed at any time via your customer account.

Update policy

Free updates

All updates within the same major number of a software version (e.g. from Autopano 2.0.9 to Autopano 2.6.0, or Panotour 1.0.0 to Panotour 1.8.0) are free and you do not need a new registration key. To perform an update, you need to download the latest version and use the registration key which you received when you bought the software.

Paid updates

You must pay to update to a new version number (e.g. Autopano 1.0 to Autopano 2.0, or Panotour 1.0 to Panotour 2.0) as you will need a new registration key. The price for major updates is generally equivalent to a third of the standard price of the software, although major updates may be free if you bought the previous version around the date that the new version was launched.

To order a major update and benefit from your preferential rates, you need to carry out the order from your customer account. Once your payment has been confirmed (immediately for the majority of bank card and PayPal payments), you will receive your registration code by e-mail, and then you may download the latest version and use the registration key to update the software.

4. Availability

Kolor is committed to meet its orders while stocks last. If a product becomes unavailable without warning on our part, Kolor agrees to refund the price of the product within 30 days of the receipt of your payment by prepaid credit, PayPal, bank card or bank transfer at its own discretion and on your request.

5. Payment, price and promotions

Kolor reserves the right to change its prices at any time, however, it agrees to apply the prices indicated on the www.kolor.com website at the time the order was placed, provided that the item was available on that date. Should an incorrect price have been displayed for any reason, Kolor reserves the right to cancel the order and you shall then have the opportunity to place the order again if you want the item at the new price. Items remain the property of Kolor until the full payment has been made and received by Kolor.

Sales prices indicated on our website, www.kolor.com, are automatically set in euros and before tax and delivery costs. You have the possibility of displaying the price in the currency of your choice of those available. We remind you at this point that the prices displayed in a currency other than euros are only a guideline and do not entail any obligation whatsoever on the part of Kolor. Kolor shall only accept payment in euros. Nevertheless, you may place an order and pay on our site irrespective of the currency of your bank account. Your bank will take the sum from your account in your specific currency and will automatically convert it into euros and send it to us. Banks may charge commission for this. Please contact your bank if you need the exact price in your own currency including the bank commission, conversion rate and currency exchange charges. Kolor shall in no circumstances be held liable for any fees and commission that may be applied.

Delivery costs are indicated during the validation of the order depending on the products and delivery service selected. The total delivery cost shall be indicated at the end of the ordering process as an additional charge on top of the price for the selected products, but before the order has been confirmed and approved.

All payments are made in cash.

Means of payment

Kolor accepts various means of payment.

PayPal:

PayPal is an international secure payment system to make purchases quickly without ever giving your bank details. PayPal payments may not be combined with other payment methods.

At the payment stage of your order, you shall be redirected to the PayPal website to finalize your order. PayPal general terms and condition of use are applied.

Find out more about PayPal.

Bank card:

We accept the following bank cards: Carte bleue, Mastercard and Visa.

At the payment stage of your order, you shall be redirected to our partner’s website to finalize your order. To ensure that the payment is fully secure, none of your bank information shall be sent to Kolor’s website.

Once the bank service has approved your payment, your order shall be validated and saved and the money shall be debited from your account. The money shall be debited as soon as your order has been confirmed but can only occur if the payment centre in question authorizes for your account to be debited. If no authorization is given, your payment shall not be completed and your order shall remain as a pending payment.

Cheque:

Cheque payments shall be accepted only in France. To pay by cheque, send both a cheque made out to Kolor and your order confirmation to the following address:

Kolor Accounts Service
112 voie Albert Einstein
73800 Francin
France

On receipt of your cheque, we shall proceed to dispatch your order. For orders over €1,500, only bank cheques shall be accepted.

Bank transfer:

At the payment stage of your order, you shall be notified of our bank details so that you may carry out your payment. Your order confirmation e-mail shall also contain this information.

To help us process your request, we ask you to make the transfer to us within 7 days and to give your order number in the title of the transfer. If you fail to do so, your order may potentially be cancelled and you would then have to place it again. Your order shall be validated and saved as soon as our bank has confirmed the receipt of payment. Then we shall proceed with delivery. Kolor shall not be held liable for potential bank fees or additional commission that may be applied.

6. Delivery

We deliver worldwide. Orders are shipped by the delivery companies Colissimo and TNT. To help us optimize deliveries to you, when placing an order, we ask you to fill in all the information needed for your parcel to arrive safely: door code, name on the doorbell, letter box, stairs, floor, additional information, etc. It is also requested that you provide a telephone number and e-mail address so that we may provide you with real time notifications of the stages of delivery as well as the parcel delivery office, should the delivery not prove possible or there be nobody at home.

If your parcel arrives damaged or in poor condition, you should exercise all available means of complaint to the delivery company, then send us a copy of the document to follow up the claim. For more information, do not hesitate to contact us.

Tracking your order

When your order is being dispatched, a notification e-mail shall be sent to inform you about the delivery. This e-mail contains all the necessary information to track your order, and in particular your parcel tracking number. All delivery methods that we offer entail parcel tracking. You can access online parcel tracking with your tracking number on the website of the transport company selected when you placed your order.

Delivery methods

To guarantee service of the highest order, Kolor reserves the right to offer the delivery methods of its choice depending on the destination, the nature of the product and any other criteria of its choice. For this reason, some of the delivery methods listed below will sometimes be unavailable.

Deliveries to France

  Description Order tracking Delivery time
Economical delivery (Colissimo)

Home delivery.

If nobody is at home, a delivery slip is left and your order is automatically redirected to the nearest post office.

Real time monitoring of your order on the Colissimo website.
48h-72h
Express delivery (UPS)

Your order is delivered to a home and signed for.

If nobody is at home, a delivery slip is left and your order is automatically redirected to the nearest parcel collection point.

You may take the parcel yourself from 2 p.m. the same day.

Real time monitoring of your order on the UPS website.

You are notified by SMS or e-mail:

• When your parcel is dispatched

24h

Deliveries to the rest of the world

  Description Order tracking Delivery time
Economical delivery
(Colissimo)
Home delivery. Real time monitoring of your order on the Colissimo website.
4-12 days
Express delivery (UPS)

Home delivery or personal delivery to your office and signed for.

Real time monitoring of your order on the UPS website.

You are notified by SMS or e-mail:

• When your parcel is dispatched

2-4 days

Estimated delivery date

The estimated delivery date combines the parcel preparation and delivery times. When you place an order, we tell you the estimated delivery date during the basket validation stage on the basis of the product, the delivery method selected and the delivery address given. We remind you that the time given is calculated in terms of business days, including Saturday (except for companies).

Preparation time:

Your orders are prepared and dispatched every day within 24 business hours, barring exceptional circumstances. You should add the order preparation time to the parcel delivery time. Orders placed on a Saturday, Sunday or public holiday shall be processed the next available working day.

Delivery time:

Delivery times are only approximate and measured on the basis of average time taken between our offices and the time taken by our delivery companies. However, on request by registered letter with acknowledgement of receipt, Kolor promises to refund delivery costs within 30 days for all delays exceeding 7 days, except in the cases below:

Kolor shall not be held responsible for a delay or failure to deliver owing to a mistaken entry in your order, particularly with regard to the delivery address (incorrect or incomplete). All costs connected with the redelivery of items on account of a mistaken entry shall be exclusively at your expense. During public holidays, busy periods such as the sales, adverse weather conditions, exceptional closing hours or traffic restrictions, preparation and delivery times may be longer.

7. Taxes and customs duties

Our products are sold from France, a member state of the European Union (list of member states: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom)

VAT on your order

In your basket, VAT is applied up until you create your account by adding your place of residence. Then it is adjusted, removed or saved depending on the address.

I am ordering from France:

Your order is subject to VAT at a rate of 20% (or the specific rate for overseas territories of France).

I am ordering from a European Union member state outside of France:

I do not have a VAT number:

Your order is subject to VAT at a rate of 20%.

I have a VAT number:

Professionals located in the European Union but outside of France who have a valid VAT number are welcome to enter it into the relevant field to enjoy tax-free bills.

Beware that no refunds shall be given afterwards if the information entered contains omissions or is invalid. We remind you that the VAT number is generally composed of the following: country code + X numbers and/or letters. (VAT number of Kolor: FR50479247751)

I am ordering from a country outside of the European Union:

Subject to VAT at the rate applied in your country of residence. The amount billed excludes taxes and shall be payable to the delivery company directly on delivery.

Customs duties on your order

Items delivered outside of mainland France are imported to the destination country under your own responsibility. It is up to you to obtain information from local authorities and to ensure compliance with the specific formalities regarding the importation of items to the destination country.

I am ordering from France:

Items are not subject to customs duties.

I am ordering from a European Union member state outside of France:

Items are not subject to customs duties.

I am ordering from a country which is not a member of the European Union:

Items are subject to customs duties. Potential customs duties and local taxes shall be exclusively at your expense. The customs duties should be settled with the delivery company on delivery. The level of customs duties depends on your country of residence.

8. Returns and replacements

Have you found a problem with your equipment?

If there is a problem, we ask you to consult our resource center as a first resort and/or our forum. Some problems may be resolved quickly without the need to get the returns process under way.

Simple return (As part of your cancellation clause: “Satisfied or get your money back”)

Kolor gives you 15 days from the date on which the product is received (the delivery date of the designated delivery company) to return an item which you are not satisfied with, with no penalties except the cost of returning it.

Return after receiving an item which does not correspond to your order:

If, on delivery, you notice that the item received does not match the one you ordered, Kolor gives you 15 days from the date on which the product is received (the delivery date of the designated delivery company) to return the item to us. Kolor promises to exchange the item with no penalties except the cost of returning it.

What are the conditions for returning an item?

A return, no matter what the reason may be, requires a prior agreement. Any item returned without an agreement shall be put aside and not processed.

Articles which are returned incomplete, in poor condition, damaged or which fail to arrive shall not be taken back, exchanged or refunded. Returns shall be accepted on the condition that the item is returned and received in perfect condition and in its original packaging.

Returns do not apply on software licenses:

We remind you that software licenses and products do not come with a guarantee, in accordance with regulations on intellectual property, copyright and the provisions of article L. 121-20-2 of the Consumer Code. Consequently, no return shall be accepted for our software. In this regard, we offer you free test versions with unlimited functionality so that you can try our complete software before you buy.

Procedure for returning items

Step 1: Contact the Kolor Team to request a return

Before sending us back a product, contact us and explain the reason of your request. If your request is made during the legal return delay, you need to contact us but you don't need to give us a reason. The product must be in perfect state.

We shall consider your returns request as quickly as possible. You will be sent an e-mail notifying you as to whether your return has been accepted or refused, as well as the possible terms and conditions to respect in relation to the nature of the item(s) concerned.

Step 2: Return your parcel

Once you have received authorization to return your item, you may proceed to the shipment of your parcel to the address given to you. Carefully read and follow the instructions in the return e-mail for how to return your items.

Returns may be made through the shipping company of your choice. It is however highly recommended to return the goods by registered letter and to take out an insurance policy with the delivery company for the market value of the items against any loss or damage caused to them, as no refunds shall be paid if this occurs.

Step 3: Wait for your replacement product to arrive or for the refund

Simple return (As part of your cancellation clause: “Satisfied or get your money back”)

After receiving your parcel, Kolor shall proceed to refund your order in compliance with the conditions and the procedure for returning items. Once you have exercised your right under the cancellation clause, Kolor agrees to refund the totality of your order within a maximum of 30 days by prepaid credit, PayPal or bank card at its own discretion.

Return after receiving an item which does not correspond to your order:

Once Kolor has received your parcel, we shall exchange your items as quickly as possible in compliance with the conditions and the procedure for returning items. If need be, our customer service team will contact you to organize the delivery. If it proves impossible to exchange the item, Kolor agrees to refund the totality of your order within a maximum of 30 days by prepaid credit, PayPal or bank card at its own discretion.

9. Product guarantees

Kolor shall bear the transport costs of the return of the item by the after sales service to the customer. Transport costs for sending the item from the customer to the after sales service shall be at your expense.

Legal guarantee:

All products sold on the Kolor website are subject to a legal guarantee of conformity and a guarantee against hidden defects, in accordance with current regulations (Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code, Articles 1641 and 1648, para. 1 of the Civil Code).

Conditions of application:

We also remind you that the legal guarantee is limited and shall not apply in cases such as the following:

- defects and consequences deriving from them on account of any external cause, including an accidental event.
- abnormal use or use other than that specified in the user manual provided.
- use which compromises the good preservation of the device.

Manufacturer’s commercial guarantee:

Some products sold on the website www.kolor.com come with a manufacturer’s guarantee. The terms and conditions of a manufacturer’s guarantees vary by product. In this regard, we ask you to read carefully the terms and conditions of your manufacturer’s guarantee that could be appropriate for your products.

Conditions of application:

Kolor shall not be held liable if a manufacturer refuses to apply its guarantee. We remind you that the manufacturer’s commercial guarantee does not generally cover:

- replacement consumables (batteries, bulbs, fuses, antennas, etc.)
- abnormal use or use other than that specified in the user manual provided.
- failure linked to accessories (power cables, etc.)
- defects and consequences deriving from them on account of any external cause, including an accidental event.
- modifications or changes to an entire product or a part of it.
- wear and tear and normal ageing.

Procedure for handling guarantees:

After receiving your request, Kolor shall diagnose the problems. We shall consider your request as quickly as possible. We may require further details from you. You will be sent an e-mail notifying you as to whether your request has been accepted or refused. The request shall then be dealt with directly by the manufacturer or through a Kolor intermediary, depending on the products.

Depending on the nature of the problem:

Replacement of defective batteries:

Kolor has set up a department for replacement parts and we can sell or send you spare replacement parts for some products.

Replacement of the product:

Once Kolor has received your parcel, we shall exchange your items as quickly as possible in compliance with the conditions and the procedure for returning items. If need be, our customer service team will contact you to organize the delivery. If it proves impossible to exchange the item, Kolor agrees to refund the totality of your order within a maximum of 30 days by prepaid credit, PayPal or bank card at its own discretion.

Repairs:

Some products may be eligible for repairs. When the manufacturer’s guarantee does not apply, the repairs shall be subject to a quote drawn up by the manufacturer. The manufacturer may invoice you for administrative fees if you request your product to be sent back without undergoing the repairs proposed in the quote. Without additional fees, you may also choose to discard your product.

10. Disputes and liability

These general conditions of sale are subject to French law. If there is a dispute, Kolor and the customer shall try to settle it amicably. Failing this, only French courts shall be competent. Kolor shall not be held liable for the failure to carry out the contract in cases of: force majeure as defined by case law, an unforeseeable and unavoidable act by a third party to the contact or a fault of the customer.

Retention of ownership:

“The delivered goods remain the property of the seller until the full payment of their price by the purchaser. The purchaser shall nevertheless be alone in bearing the risks of the loss, damage and destruction of the delivered items. “

11. Protection of personal data

This website is subject to a declaration on automatic processing of directly or indirectly personal data to the National Data Processing and Liberties Commission (declaration No. 1267673). You shall be subject to processing accordingly when sending e-mails or forms on this server. You shall thus enjoy the right to access, modify, correct and delete information which regards you, under the Data Protection Act (Act No. 78-17 of 6 January 1978). You shall have the right to oblivion at the end of one calendar year from the registration of your data. You can exercise your access rights by contacting us.

By subscribing to the website www.kolor.com, you commit to providing us with genuine and accurate information concerning your person. The communication of false information is against the present general conditions of sale. You thus authorize Kolor to collect, process and use information concerning your person, inter alia, in order to process your orders and to draw up your invoices and guarantee contracts. Kolor is the unique holder of the information concerning you.

Our online store is secured by our bank, Credit Agricole des Savoies. We never see the number of your bank card. When you make a payment on our website, you shall be redirected to our bank’s website to proceed with the transaction. Our bank’s website is secured with the latest encryption technology.

12. Intellectual property

All elements of the www.kolor.com website are the exclusive property of the company, Kolor. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is permitted, subject to different provisions and even more restrictive provisions of the Code. Any reproduction of the www.kolor.com website, in whole or in part, is strictly prohibited unless agreed upon beforehand.