Color & Co ApS<\/p>\n
These Terms govern sales of Color & Co products to approved business customers in the European Union and Norway. They set out the conditions for trade cooperation, ordering, payment, delivery and claims.<\/p>\n
1.1 These Terms apply to sales by Color & Co ApS (”Color & Co”, ”we”, ”us” or ”our”) to business customers acting in the course of their trade, business or profession (each a ”Trade Partner”, ”you” or ”your”), including retailers, architects, interior designers and other professional customers.<\/p>\n
1.2 These Terms are intended for business transactions only. They do not govern sales to private consumers. Nothing in these Terms excludes or restricts any rights, remedies or obligations that cannot lawfully be excluded or restricted under applicable mandatory law.<\/p>\n
1.3 These Terms form part of each contract where made available to and accepted by the Trade Partner before the contract is concluded. Any purchasing terms of the Trade Partner apply only if expressly accepted by Color & Co in writing.<\/p>\n
1.4 In the event of a conflict, a separately signed agreement takes precedence, followed by any specific terms expressly agreed in writing for the relevant order, and then these Terms. An order confirmation does not amend a separately signed agreement unless the parties expressly agree otherwise.<\/p>\n
1.5 Color & Co may amend these Terms for future orders. The version accepted for an existing order continues to apply to that order unless the parties agree otherwise in writing. Changes will be made available before the Trade Partner places a new order.<\/p>\n
1.6 In these Terms, ”in writing” includes email and communications through the B2B portal that can be retained and reproduced. ”Working day” means Monday to Friday, excluding public holidays in Denmark. Other references to days mean calendar days.<\/p>\n
2.1 Access to the B2B portal and trade purchasing requires individual approval by Color & Co. Approval does not create an agency, franchise, employment relationship or exclusive distribution arrangement. The Trade Partner acts in its own name and on its own behalf and has no authority to bind Color & Co.<\/p>\n
2.2 Unless otherwise agreed in writing, approval requires the Trade Partner to accept these Terms, purchase a Color & Co sample book for DKK 500 excluding VAT, order our lookbook, and read our measuring and installation guides. These materials must be used to support accurate product presentation and advice.<\/p>\n
2.3 Once approved and the applicable requirements have been met, the Trade Partner will receive access to the B2B portal and its individually agreed trade discount. Approval does not guarantee credit facilities or product availability.<\/p>\n
2.4 The Trade Partner must provide accurate business, VAT registration, billing and delivery details, keep these details up to date, and protect its portal credentials. Suspected unauthorised use must be reported promptly.<\/p>\n
3.1 Orders must be placed through the B2B portal unless otherwise agreed in writing. Quotations are subject to their stated validity period and do not constitute acceptance of an order unless expressly stated otherwise.<\/p>\n
3.2 Each order must specify the product type, design, materials, colours, measurements, quantities, customisation requirements and complete delivery details. The Trade Partner is responsible for the accuracy and suitability of its specifications.<\/p>\n
3.3 An order becomes binding when Color & Co issues an order confirmation accepting it. An automated message that expressly acknowledges receipt only is not an acceptance. An automated order confirmation that confirms acceptance constitutes acceptance. Orders are subject to availability; any subsequent change to a confirmed order requires agreement between the parties.<\/p>\n
3.4 The Trade Partner must check the order confirmation promptly, including product type, measurements, quantities, colours, prices and delivery details, and report discrepancies in writing without undue delay and no later than seven days after receipt.<\/p>\n
3.5 If no discrepancy is reported within that period, the confirmation will be treated as approved as regards the details the Trade Partner was reasonably able to check. This does not permit unilateral changes to previously agreed terms or exclude rights arising from a discrepancy that could not reasonably have been identified during that review.<\/p>\n
3.6 The seven-day review period is not a cancellation period and does not postpone production. Production may start before it expires. Any requested correction or change must therefore be submitted immediately and is effective only when Color & Co confirms it in writing.<\/p>\n
3.7 The Trade Partner independently determines its resale prices and is responsible for checking its margins and quotations to its customers. Color & Co is not responsible for the Trade Partner’s resale price calculations.<\/p>\n
4.1 The Trade Partner has no contractual right to cancel a confirmed order or return conforming goods. Any cancellation, change or voluntary return requires Color & Co’s prior written acceptance, subject to any mandatory rights.<\/p>\n
4.2 If Color & Co accepts cancellation after the seven-day period in clause 3.4, a cancellation fee of 30% of the cancelled goods’ order value excluding VAT applies, unless otherwise agreed in writing. This fee does not create a right to cancel. Any fee for an accepted cancellation within the seven-day period must be agreed in writing.<\/p>\n
4.3 Changes to or cancellation of made-to-measure or customised products cannot be guaranteed once production has started, including during the seven-day review period. Any accepted change may affect price and delivery time and must be confirmed in writing.<\/p>\n
4.4 This section concerns voluntary changes, cancellations and returns. It does not restrict remedies for defective goods, non-delivery or other breach of contract under these Terms or applicable mandatory law.<\/p>\n
5.1 Prices and currency are as agreed for the relevant order and stated in the order confirmation. Prices exclude VAT, other applicable taxes, customs duties and import charges. Delivery charges will be stated separately before the order is concluded, unless expressly included in the agreed price.<\/p>\n
5.2 Trade discounts and special trading terms are agreed individually in writing. The Trade Partner remains free to determine its own resale prices. Any recommended retail prices are non-binding.<\/p>\n
5.3 Card payment is the default payment method. Payment by invoice is available only by individual written agreement and subject to approval by Color & Co. Where approved, invoices are payable within eight days of the invoice date unless otherwise agreed in writing.<\/p>\n
5.4 Overdue amounts bear simple interest at 1.5% per month from the due date, calculated proportionately for part of a month, or the maximum lawful rate if lower. Any recovery charges may be charged only to the extent permitted by applicable law.<\/p>\n
5.5 If payment remains overdue 14 days after the due date, Color & Co may suspend further deliveries following written notice until the overdue amount is paid. Any resulting effect on delivery dates will be communicated to the Trade Partner.<\/p>\n
5.6 Price changes apply to future orders only. Color & Co will communicate changes in writing or through the B2B portal before a new order is placed. Prices for confirmed orders remain unchanged unless the parties agree otherwise in writing.<\/p>\n
5.7 VAT treatment depends on the transaction, destination and supporting documentation. The Trade Partner must provide valid business and VAT details where relevant. No exemption or zero rating applies merely because the purchaser is an approved Trade Partner.<\/p>\n
6.1 Unless otherwise confirmed, made-to-measure blinds are normally dispatched approximately three weeks after order confirmation and receipt of any required payment and final specifications. Standard-sized blinds are normally dispatched within three to five working days. These are dispatch estimates, not guaranteed arrival dates. Holiday periods may extend lead times.<\/p>\n
6.2 Color & Co normally uses GLS for shipments within Denmark and UPS for shipments to other EU countries. The carrier and shipping arrangements for Norway and any alternative arrangements will be confirmed for the relevant order.<\/p>\n
6.3 Delivery dates are estimates unless expressly agreed in writing to be binding. Color & Co will notify the Trade Partner of material delays as soon as reasonably practicable and provide an updated estimate where possible. If an agreed delivery date is missed, the Trade Partner may give written notice requiring delivery within a reasonable additional period. If Color & Co fails to deliver within that period, the Trade Partner may terminate the affected undelivered part of the order and obtain a refund of sums paid for it. Any mandatory rights remain unaffected.<\/p>\n
6.4 Unless a different delivery term is expressly agreed in writing, risk of accidental loss or damage passes when the goods are physically delivered to the Trade Partner or its designated recipient at the agreed delivery address. If the Trade Partner independently appoints a carrier to collect the goods, risk passes when the goods are handed to that carrier. Risk transfer does not affect claims for defects existing at the time of risk transfer.<\/p>\n
6.5 Any agreed Incoterms rule must identify the rule, the named place and the applicable edition. It takes precedence over clause 6.4 to the extent that it regulates the same matter.<\/p>\n
6.6 For shipments to Norway, the order confirmation must identify who arranges import clearance and bears import VAT, customs duties, brokerage fees and other import charges. Unless expressly agreed otherwise in writing, the Trade Partner arranges import clearance and bears those charges. Color & Co will provide the export and commercial documents required of it. This allocation does not override mandatory customs or tax obligations.<\/p>\n
6.7 Partial deliveries may be made where reasonable. Any additional delivery charges resulting from partial deliveries initiated by Color & Co require the Trade Partner’s prior agreement.<\/p>\n
6.8 If a parcel is not collected or delivery fails for reasons attributable to the Trade Partner or its designated recipient, Color & Co may charge reasonable, documented return and redelivery costs. A failed delivery does not itself cancel the order.<\/p>\n
7.1 The Trade Partner must inspect the goods and packaging promptly after delivery and, in any event, within eight working days. Visible defects, transit damage, shortages and incorrect items must be reported in writing within that period, with relevant supporting documentation.<\/p>\n
7.2 Transit damage must be reported as soon as possible. Where practicable, visible damage should be recorded with the carrier on delivery. Photographs should show both the goods and packaging. Packaging must be retained where reasonably needed for inspection or a transport claim.<\/p>\n
7.3 Defects that could not reasonably have been discovered during the initial inspection must be reported without undue delay after discovery. A failure to meet the initial inspection deadline does not by itself exclude a claim for a hidden defect.<\/p>\n
7.4 Claims should be submitted using Color & Co’s complaint form and include the order number, a description of the issue and relevant photographs or video. If the form is unavailable, notification may be sent to info@colorco.dk. Additional information reasonably needed to assess the claim must be provided on request.<\/p>\n
7.5 If a visible defect is discovered, the affected goods must not be installed or altered before Color & Co has had a reasonable opportunity to assess it, unless necessary to prevent harm or comply with law. The Trade Partner must take reasonable steps to limit further loss.<\/p>\n
8.1 Color & Co provides a commercial warranty for 24 months from delivery against material defects in materials and workmanship under normal indoor use. The defect must become apparent within that period and be notified without undue delay after discovery. Mandatory rights and limitation periods are unaffected.<\/p>\n
8.2 The warranty does not cover normal wear and tear or damage caused by misuse, negligent handling, inadequate maintenance, incorrect measuring or installation, unsuitable use, or unauthorised modifications or repairs, to the extent the issue results from that cause.<\/p>\n
8.3 Bamboo, jute and paper are natural materials. Minor inherent variations in colour, texture and appearance, and normal colour changes from exposure to sunlight, do not in themselves constitute defects. This does not excuse failure to meet an expressly agreed specification or variations that materially affect the product’s agreed function or quality.<\/p>\n
8.4 Samples are indicative of colour and material characteristics. Exact colour matching between samples and finished goods, between production batches or between original and repeat orders cannot be guaranteed. Trade Partners are encouraged to order all blinds for the same project together. Color & Co will use reasonable efforts to match repeat orders.<\/p>\n
8.5 Color & Co must be given a reasonable opportunity to inspect and remedy a claimed defect. For a justified claim, Color & Co may initially elect to repair or replace the affected goods at its expense within a reasonable time. Made-to-measure blinds will normally be repaired where reasonably practicable; standard-sized blinds may be repaired or replaced following assessment.<\/p>\n
8.6 If repair or replacement is impossible, fails or is not completed within a reasonable time, the Trade Partner may seek an appropriate price reduction or, for a material defect, terminate the sale of the affected goods and obtain a refund against their return. Mandatory remedies remain unaffected.<\/p>\n
8.7 Returns must be authorised by Color & Co in advance, and its reasonable return instructions must be followed. For a justified defect claim, Color & Co bears reasonable return and replacement delivery costs. Costs relating to voluntary returns must be agreed separately in writing.<\/p>\n
8.8 Returned goods must be securely packaged using the original packaging or equivalent protection. The Trade Partner is responsible for additional damage caused by inadequate packaging attributable to it, but remains entitled to pursue the original defect claim.<\/p>\n
8.9 Warranty remedies do not cover the Trade Partner’s removal, reinstallation or remedial building work, except where required by mandatory law or expressly agreed in writing. Any separate claim for damages is subject to section 12.<\/p>\n
8.10 Spare parts, including cords, may be purchased after the warranty period, subject to availability. No continuing availability of any particular spare part is guaranteed except as required by mandatory law or expressly agreed in writing.<\/p>\n
9.1 Color & Co does not perform measuring or installation at end customers’ premises. The Trade Partner is responsible for the measurements and specifications it supplies, assessing suitability for the intended location, and installation services it undertakes or arranges. General guidance from Color & Co does not transfer these responsibilities unless expressly agreed in writing.<\/p>\n
9.2 Installation must follow the supplied measuring, installation, maintenance and safety instructions and applicable local requirements. Chain and cord controls must be fitted with the required child safety devices. The Trade Partner must pass all relevant instructions and warnings to the end customer and must not remove or disable safety labels or devices.<\/p>\n
9.3 Each party must comply with the product safety and other regulatory obligations applicable to its role, including, where relevant, those of manufacturer, importer or distributor. The Trade Partner must identify the intended destination market before ordering and must not assume that a product is suitable for a different market without checking applicable requirements with Color & Co.<\/p>\n
9.4 The parties must promptly notify each other of suspected serious safety issues and reasonably cooperate with necessary corrective actions, traceability enquiries and recalls. Nothing in these Terms transfers or limits Color & Co’s mandatory product safety or product liability obligations.<\/p>\n
10.1 Color & Co seeks to respect Trade Partners’ existing customer relationships. Color & Co may also sell directly to private customers who independently contact its webshop, showroom or other sales channels. Trade Partner approval does not confer exclusivity over customers or territories.<\/p>\n
10.2 By separate agreement, participating Trade Partners in the Copenhagen area may refer their customers to Color & Co’s showroom for product viewing and advice. Under that arrangement, the Trade Partner retains responsibility for the final order, its contract with the customer and invoicing.<\/p>\n
10.3 Color & Co will ask private showroom visitors whether they are already in contact with a Trade Partner so that existing relationships can be respected. This is a cooperation arrangement and does not restrict customers’ freedom to choose their supplier.<\/p>\n
10.4 Color & Co does not provide measuring or installation for private showroom customers but may refer them to Trade Partners offering those services. Goods ordered through a Trade Partner cannot be collected from Color & Co’s showroom unless otherwise agreed in writing; delivery and collection must be arranged with the Trade Partner.<\/p>\n
10.5 Color & Co applies its regular retail prices to direct showroom sales and does not offer special showroom discounts or promotions. This concerns Color & Co’s own sales only. Trade Partners independently determine their own prices and promotions.<\/p>\n
10.6 Trade Partners from Denmark and abroad may visit the showroom by appointment. The referral arrangement is limited to participating Trade Partners in the Copenhagen area unless otherwise agreed in writing.<\/p>\n
11.1 The Trade Partner is responsible for its own contracts with end customers and for its obligations as their seller or service provider, including any mandatory consumer rights. These Terms do not govern or limit an end customer’s statutory rights against the Trade Partner or any other person.<\/p>\n
11.2 Commitments made by the Trade Partner concerning delivery, measuring, installation, service, warranties or compensation do not bind Color & Co unless Color & Co has expressly accepted them in writing. This does not exclude any mandatory rights of recourse the Trade Partner may have.<\/p>\n
12.1 Subject to clause 12.4, Color & Co is not liable for indirect or consequential loss, including loss of profit, revenue, business opportunity, customers or goodwill, or business interruption.<\/p>\n
12.2 Subject to clause 12.4, Color & Co’s aggregate liability arising out of or in connection with an order, whether in contract, tort or otherwise, is limited to the purchase price excluding VAT of the goods giving rise to the claim. This cap applies to damages and does not reduce an obligation to refund the price or provide repair or replacement under section 8.<\/p>\n
12.3 Color & Co is not responsible for defects or damage to the extent caused by the Trade Partner’s inaccurate measurements, unsuitable specifications, instructions, modifications or unauthorised repairs. The Trade Partner remains responsible for installation and removal work it undertakes or arranges, including resulting damage to windows, frames, walls or ceilings, to the extent attributable to that work.<\/p>\n
12.4 Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, mandatory product liability, or any other liability that cannot lawfully be excluded or limited. Mandatory rights of recourse are also unaffected. Any exclusion or limitation applies only to the extent permitted by applicable law.<\/p>\n
12.5 Each party must take reasonable steps to mitigate any loss arising in connection with the contract.<\/p>\n
13.1 Each party must comply with the GDPR and other data protection legislation applicable to its processing. Color & Co processes personal data for order administration, payment, delivery, customer service and other lawful purposes described in its applicable privacy notice. Marketing requires a lawful basis and compliance with applicable marketing rules.<\/p>\n
13.2 A Trade Partner providing customer or recipient data must have a lawful basis for sharing it and provide any required information to the individuals concerned. Each party is responsible for the processing it determines. Where one party processes personal data on behalf of the other, any legally required data processing agreement must be concluded before that processing begins.<\/p>\n
13.3 Color & Co may share personal data with carriers, IT providers and other service providers where necessary and lawful, with appropriate safeguards where required. Data is retained only for as long as necessary for lawful purposes, including statutory recordkeeping. Enquiries about Color & Co’s processing and data protection rights may be sent to info@colorco.dk.<\/p>\n
14.1 Neither party is liable for a failure or delay in performing an obligation to the extent caused by an event beyond its reasonable control that it could not reasonably have prevented or overcome. Such events may include natural disasters, war, fire, widespread industrial action, government restrictions or significant transport disruptions, provided these conditions are met.<\/p>\n
14.2 The affected party must notify the other without undue delay, explain the expected impact and duration where known, and take reasonable steps to mitigate the effects and resume performance. Lack of funds does not constitute force majeure. Payment for goods already delivered remains due.<\/p>\n
14.3 If the event prevents performance of the affected part of an order for more than 60 consecutive days, either party may terminate that unperformed part by written notice without liability for the termination itself. Payments for goods that will not be supplied must be refunded. Accrued rights remain unaffected.<\/p>\n
15.1 Each contract is governed by the substantive laws of Denmark. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. This choice does not displace any mandatory law that applies irrespective of the chosen law.<\/p>\n
15.2 The parties will first seek to resolve disputes through good-faith discussions. Unless mandatory jurisdiction rules require otherwise, the competent courts in Copenhagen, Denmark have exclusive jurisdiction. This does not prevent either party from seeking interim protective measures from a competent court.<\/p>\n
15.3 If a provision is invalid or unenforceable, the remaining provisions continue in effect to the extent legally possible. The parties will seek to agree a lawful replacement reflecting the original commercial purpose.<\/p>\n
15.4 The English version of these Terms is the contractual reference version unless otherwise agreed in writing or required by mandatory law. Any required local-language safety information or other mandatory documentation must still be supplied.<\/p>\n
15.5 Contractual notices and enquiries to Color & Co must be sent to info@colorco.dk or through the agreed B2B portal channel. Notices to the Trade Partner will be sent to its most recently notified business email address or through that channel. This does not replace any mandatory rules for service of legal proceedings.<\/p>\n","protected":false},"excerpt":{"rendered":"
Color & Co ApS These Terms govern sales of Color & Co products to approved business customers in the European Union and Norway. They set out the conditions for trade cooperation, ordering, payment, delivery and claims. 1 Scope and contractual framework 1.1 These Terms apply to sales by Color & Co ApS (”Color & Co”, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-10860","page","type-page","status-publish","hentry"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t