Terms of service
This website is operated by COLURIO Throughout the site, the terms “we”, “us” and “our” refer to COLURIO. COLURIO offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Siteground.com. Siteground.com, WordPress and Woocommerce together provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
TERMS OF SALE
Colurio Paint by Numbers sells Paint by Numbers painting kits, and painting accessories (here: “Products”) to customers who purchase them at the Colurio website as a one-time purchase. Colurio also sells these products to customers who purchase a recurring membership plan (here: “Members”). For the members who have bought (“subscribed to”) a plan, Colurio ships the products on a regularly, once a month. You may not purchase any products or memberships for any further distribution or commercial use. Membership and all rights that come with the membership are personal and non-transferable.
The price we charge you for the Products and Membership may be based on a tiered pricing structure. The price of subscriptions (memberships) depends on the Membership plan (tier) chosen and the number of products in each shipment. Pricing for the membership plans (different tiers) can be found on your membership account, and the current price for subscribing can be found on the sales page of the monthly subscription. Changing your membership may change the price that we will charge you for your plan. We reserve the right to change a product’s price and the price of every membership plan (tier), with appropriate notice to you. This means we can change the amount we charge you each month for your plan. We do not provide price protection or refunds if our prices decrease, or in case of our promotions, or any other online store’s prices or promotions.
Members will receive Products shipped regurlary. The amount of Products is based on the Membership plan (tier) the member is subscribed to. Colurio will bill your (”Member’s”) credit card, debit card, PayPal, or other Company-accepted payment method (”Payment Method”) on a recurring basis. Member’s Payment Method may be charged before your (member’s) order is shipped. If at this time the payment fails, we may decline / refuse to ship the product for you (the member). The recurring payments will be charged, unless you cancel you Membership in accordance with the section named “Membership cancellation”.
Colurio reserves the right, in its absolute discretion, to decide which Products (Paint by Number kits) are sent to the Member each month. This means that the member cannot choose specific products in a recurring subscription. A Member cannot choose which specific Paint by Number kits are to be sent to them each month. Colurio makes this decision.
Colurio reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering or promotion at any time without any prior notice and with no liability. All Products, Memberships and promotions advertised on the Colurio website are void where prohibited. They are subject to the posting of any official rules to such offers or promotions.
If any problems arise with Member’s order, shipping address or Payment Method associated with the Membership, and Colurio is unable to resolve the problem, member’s order may be cancelled. In this case Colurio may not be able to process future shipments until the problem has been resolved. In case problems occur, Colurio will notify the Member via e-mail, using only the address associated with Member’s Membership. Please make sure you keep this address updated.
Refunds in Memberships
If you are dissatisfied with one of our Products in your shipment, we will refund the amount paid for this product in your most recent shipment received. In this instance, and only in this instance the price of a single Product is calculated in the following manner: Price you paid for the subscription (”P”) divided by the number of Paint by Numbers kits in your membership (M): P/M. Refunds may be issued, accepted, or declined for multiple products in one shipment. There are instances when we may decline a refund. Some, but not all of these instances are listed in the following section (”Right to decline refunds in Memberships”).
All instances where refunds for Members may be accepted are listed here:
If the product you ordered doesn’t show up in 60 days, we will send you a new one, or refund the product – however you wish! International shipment tracking is used to determine if the item has reached its destination or lost on the way.
2. Major defect in product:
If you receive a defective, broken product, we will always refund the whole price of the product for you. The customer is responsible of shipping the product back to our distributor at their own expense, with tracked shipment. Our distributors are located mainly in the U.S and Asia. After we have received the product and examined it, the refund may be accepted. If the product is clearly been damaged by faulty usage by the customer, the refund may be declined. If the customer ships the product back, and the product is lost or damaged during the delivery, the refund may be declined. Shipping costs to the Customer (Member) are non-refundable.
3. Product not as advertised:
If the product is not as advertised, we will refund the whole price of the product for the customer. The customer is responsible of shipping the product back to our distributor at their own expense, with tracked shipment. Our distributors are located mainly in the U.S and Asia. After we have received the product and examined it, the refund may be accepted. If the product is clearly been damaged by faulty usage by the customer, the refund may be declined. If the customer ships the product back, and the product is lost or damaged during the delivery, the refund may be declined. Shipping costs to the Customer (Member) are non-refundable.
4. If Colurio for any reason, in its absolute discretion, makes an exception, and decides to accept a refund.
If you as a member issue a refund we may cancel your membership if we think, that the problem will not be solved in the following shipments. We will notify you about this via e-mail. All refund requests must be made directly to us at firstname.lastname@example.org within 30 days of the date of shipment by Colurio.
The customer is always responsible of shipping the product back to our distributor at their own expense, with tracked shipment. Our distributors are located mainly in the U.S and Asia. After we have received the product and examined it, the refund may be accepted. If the product is clearly been damaged by faulty usage by the customer, the refund may be declined. If the customer ships the product back, and the product is lost or damaged during the delivery, the refund may be declined. Shipping costs to the Customer (Member) are non-refundable. We are not liable for Products that are damaged or lost in transit to Colurio. Once the returned product is examined, we will credit the amount paid for the Product (less any shipping and handling costs or fees related to the original purchase, since these are non-refundable).
Colurio does not control when a specific card or Payment method company processes chargeback transactions. You are responsible for contacting your Payment Method company in order to ask questions about the status of your chargeback.
Right to decline refunds in Memberships
Colurio reserves the right to decline refunds in certain instances. Colurio also reserves the right to change the circumstances listed here, in which refunds may be cancelled. Instances where refunds may be cancelled:
1. We will not provide a refund for a request that is received by Colurio more than 30 days after the date of the original shipment.
2. We will not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident or other misuse.
3. We will not provide a refund if you as a member do not like the painting you have received in your shipment. This refers to the style of the picture in the painting: Its colors, mood, theme, subject etc subjective qualities, that are not directly linked to the technical quality of the Paint by Numbers kit.
4. We will not provide a refund if you as a member have requested it because you have already painted that specific or similar painting, own or have owned that specific or similar painting, or have seen that specific or similar painting before.
5. Any other reason, that is not listed in the section ”Refunds in Memberships” under ”All instances where refunds for Members may be accepted are listed here”
You may cancel your subscription at any time by emailing us that you would like to cancel the subscription. In order to cancel before the next shipment, cancellation requests must be received at least 30 days before your next shipment is to arrive. If you send a request of cancellation less than 30 days before your shipment’s estimated arrival, we may charge you for it, if we have already shipped it. In this case the subscription is cancelled before the following shipment.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, and cancel any membership you have with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If any payment problems arise in your Membership (Membership explained in the section “Terms of sale” under “Introduction”), we may cancel your membership, and refuse to ship your Products, in our sole discretion.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall COLURIO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content, or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless COLURIO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com