Article 1: Company Presentation
COLART FRANCE is a French simplified joint-stock company (société par actions simplifiée) with share capital of €4,429,450, registered with the Trade and Companies Register of Le Mans under number 347917189, with its registered office at 5 rue René Panhard, 72021 LE MANS. It markets products related to painting and graphic arts, including in particular tubes and jars of paint (acrylic, gouache, watercolor), oils, additives, inks, varnishes, brushes, sprays, pencils, easels, stretcher bars, canvases, palettes, and accessories (this list is non-exhaustive) under the brands Winsor&Newton, Liquitex, Conté à Paris, Charbonnel, and Lefranc Bourgeois (hereinafter the “Brands”), which belong to different entities within the COLART group, via the following website: www.conteaparis.com (hereinafter the “Site”).
Its contact details are as follows: Colart France SAS, 5 rue René Panhard, CS 82120, Z.I. Nord, 72021 Le Mans Cedex 2.
Article 2: Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the “GTC”) define the terms and conditions of online sales of products concluded between COLART FRANCE and consumer customers. A consumer customer is defined as a “natural person acting for purposes that do not fall within the scope of their professional artistic activity,” making a purchase on the Site for delivery of the products to the following countries: mainland France, Germany, Austria, Spain, Italy, Luxembourg.
These GTC are drafted in French in their original version, which alone is authoritative and prevails over any other version. They apply to the exclusion of all other conditions. The sale is governed exclusively by French law, to the exclusion of any international convention.
These GTC are systematically accessible to the Customer on the Site before any order and at the time of browsing the Site, and at the time of validation/registration of the order.
The Customer declares that they have read and accepted the following provisions before placing an order for products by ticking the box “I have read the General Terms and Conditions of Sale and accept them without reservation.” Consequently, placing an order on the Site implies the Customer’s full and unconditional acceptance of these GTC.
The GTC in force are those published on the Site on the date of the order. COLART FRANCE reserves the right to adapt, modify, or update the GTC at any time. In the event of adaptation, modification, or update, the GTC in force on the date the order is placed will apply to each order.
The fact that COLART FRANCE does not exercise, at any time, a prerogative recognized by these GTC, or does not require performance of any stipulation of the agreement arising from said GTC, may under no circumstances be interpreted either as an amendment to the contract or as an express or implied waiver of the right to exercise said prerogative in the future, or the right to require strict performance of the commitments undertaken herein.
Article 3: General Characteristics of the Products
The products sold by COLART FRANCE via its Site are specified on the Site and may be replaced or removed at any time. The catalog offered by COLART FRANCE is therefore inherently subject to change.
The products marketed by COLART FRANCE on the Site include, in particular, painting and graphic arts items, inks, paint additives, accessories, and art materials (this list is non-exhaustive). Certain products from the Brands are not offered for sale by COLART FRANCE on the Site. Products presented on the Site are available for sale while stocks last.
The Customer acknowledges being fully informed that the photographs of the products presented on the Site are not contractual and that the presentation of the product on the Site may differ from reality. Such differences may under no circumstances justify reservations upon receipt of the order, refusal to accept delivery or take possession of the product, a price reduction, or give rise to compensation (damages), which the Customer accepts.
Article 4: Product Compliance and Safety
The products marketed by COLART FRANCE are described in more detail regarding their characteristics, use, and size in the catalog on the Site. Certain toxic or flammable products, such as varnishes, are accompanied by safety and product-use information sheets, which the Customer declares having read before validating their order.
These products comply with the standards in force in France and in the countries listed above.
The Customer must inform themselves of the conditions for use and storage of the product marketed by COLART FRANCE and is solely responsible for their choice of product (properties, function(s), characteristics, dimensions, quantity, color of the ordered product, suitability of the product for the type of paint and support intended) and, more generally, for the suitability of the ordered product for their needs. Products must be used in accordance with their intended purpose.
The Customer must also be familiar with the product care instructions. Failing that, it is the Customer’s responsibility to request them from COLART FRANCE.
Article 5: Legal Age and Capacity
The Customer declares that they are legally capable of entering into this sales contract, which includes in particular these GTC—i.e., that they are of legal age in their country and are not under guardianship or curatorship.
When paying by bank card, the Customer guarantees that they are fully authorized to use said card and that it provides access to sufficient funds to cover the price of the products and their transport. The same applies in the event of payment via PayPal.
Article 6: Customer User Account
To place an order on the Site, the Customer is not required to create or have a Customer Account before validating their order.
If they wish, the Customer may create an account by clicking the button provided for this purpose on the Site.
To create an account, the Customer is asked in particular to provide:
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an email address as a login identifier
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their first and last name, delivery and billing address, and telephone number (mobile or landline).
The Customer is then invited to finalize the creation of their account.
Upon completion of account creation, a confirmation email will be sent to the Customer to the email address previously provided, with a temporary password and an invitation to change it.
The login identifier and password are personal to the Customer and must be entered by the Customer each time they log in to their Customer Account.
The Customer is responsible for the information they provide. Failure to provide this information may make the sale and its performance impossible.
The Customer may update their information by logging in to their Customer Account and is solely responsible for the updates they make and for the consequences of providing incorrect information about them, particularly with respect to the fulfillment of their order.
COLART will automatically and without compensation deactivate the Customer Account as a result of the Customer’s failure to comply with the General Terms and Conditions or in the event of fraudulent actions by the Customer.
The Customer may at any time and without reason request deactivation of their account via the contact form on the Site.
COLART undertakes to deactivate the Customer’s account within a maximum of 15 calendar days from receipt of the Customer’s request.
Article 7: Order
The Customer places their order from the online product catalog accessible on the Site by following the ordering process provided and indicated on the Site.
Any online order constitutes acceptance of the prices and the products.
The stock of available products is updated daily. Accordingly, all products listed on the Site can in principle be ordered in the quantities indicated, with product availability shown. In the event a product is out of stock, the Customer may contact COLART FRANCE via the Site contact form to inquire about the indicative date of product availability.
Once the products have been selected, the Customer can review their cart of ordered products and the total price of the order (i.e., the product price including VAT and the related shipping costs) via a summary screen. Where applicable, the Customer may modify the order as long as the sales process has not been finalized.
After reviewing the order, the Customer validates and finalizes it by clicking the “PAY SECURELY” button and following the procedure provided for this purpose on the Site.
The Customer is then invited, if not already done, to log in to their Customer Account or to continue the order as a guest.
At the next step, the Customer will be asked to provide or confirm the delivery address and the billing address for the order, as well as a telephone number in case the transport provider needs to contact them during delivery.
By continuing with order confirmation, the Customer can review the previously provided addresses before proceeding to the payment step, during which the Customer must select and enter the details of their payment method.
To finalize the order, the Customer must tick acceptance of the GTC before being able to click PROCEED TO SECURE PAYMENT.
This action is treated as equivalent to the handwritten signature referred to in Articles 1174, 1359 et seq. of the French Civil Code and to the conclusion of an electronic commitment within the meaning of Articles 1128 et seq. of the French Civil Code.
From this action, the order is considered definitive on the part of the Customer and may only be contested by the Customer in the limited cases provided by law and these GTC.
Once the order has been finalized, an email acknowledging receipt of the order and summarizing all of this information will be automatically sent to the Customer as soon as possible by COLART FRANCE. This acknowledgement constitutes acceptance of the Customer’s order by COLART FRANCE, subject to product availability and the effective collection of payment for the products by COLART FRANCE.
Article 8: Packaging and Delivery of the Product
Preparation and packaging of products
The products are prepared and packaged by COLART FRANCE.
Delivery conditions and timeframe
Delivery is, as a matter of principle, carried out by COLART FRANCE’s carrier and courier partners, at COLART FRANCE’s sole discretion.
The Customer may choose delivery to an address provided before validating their order.
Delivery in France: Unless otherwise stated on the Site and subject to product availability, products will be shipped within 10 business days from acceptance of the order and full payment of the product price and the transport price.
Delivery outside France: Products will be shipped within a timeframe indicated for information purposes on the Site before order validation. Delivery times vary depending on the country of delivery. This timeframe runs from acceptance of the order and full payment of the product price and the transport price.
Receipt of the product
The Customer is required to personally take receipt of the ordered products at the agreed delivery location. For this purpose, the Customer must have proof of identity. The Customer undertakes to be present at the delivery appointment if such an appointment is made.
If the Customer or their agent is absent at the time of delivery (in the case of delivery to the address indicated by the Customer), a delivery notice will be left. In this case, the carrier may indicate a new delivery date, invite the Customer to contact it to arrange a new delivery, or the Customer will be required to collect the product at the place and within the timeframe indicated on the delivery notice.
If the Customer does not collect the product at the place and within the timeframe indicated on the delivery notice, the products will be returned to COLART FRANCE and the Customer must contact COLART FRANCE for possible reshipment of the products.
If the product is not delivered within 30 days from the order, the Customer may cancel the order and request a refund; the amounts paid by the Customer will then be refunded without interest or compensation no later than 14 days following the date on which the order cancellation was confirmed.
COLART FRANCE may under no circumstances be held liable in the event of delay and/or failure of delivery due to a false or incorrect address, or one to which delivery proves impossible. In that case, all costs incurred for reshipping the order will be entirely borne by the Customer.
Similarly, COLART FRANCE cannot be held liable for any delay or failure of receipt due to the Customer’s absence, an event of force majeure—as stipulated in the article entitled “Force majeure”—or the Customer’s fault.
Each delivery is deemed completed upon handover of the product to the Customer or their agent, evidenced by the means used by COLART FRANCE or, where applicable, by the system used by the carrier.
It is the Customer’s responsibility to check the condition of the products at the time and on the day of receipt and to note any dispute, reservations, or refusal on the carrier’s delivery slip, clearly and legibly stating the reason for the reservation (e.g., damaged outer carton, missing or damaged product).
In the event of damage or missing items, the Customer must refuse delivery.
In such a case, within 48 hours, the Customer must notify COLART FRANCE via the contact form on the Site, indicating their dispute, refusal, and reservations, and attaching photographs of the products.
Failure to comply with these rules may result in refusal of the returned product(s).
Risks relating to the product—i.e., those it may cause to property or persons or the damage it may suffer—are transferred to the Customer as soon as the Customer takes possession of it.
Article 9: Prices and Payment Terms
The sales prices of the Products are those applicable at the time of the order and displayed on COLART FRANCE’s Site on the date of the order.
COLART FRANCE reserves the right to change on its Site the sales prices of products and delivery charges at any time. However, it is specified that in the event of a price change after the date of the order, this new price will not apply to that order.
Prices are stated excluding VAT (HT), to which VAT, shipping costs, and other taxes are added. These amounts may vary depending on the VAT rate in force and the country of delivery of the order.
Prices include packaging costs but do not include transport costs or customs duties. Transport and customs costs will be invoiced additionally and clearly indicated when ordering, before the order is definitively validated by the Customer. If customs duties apply, they are borne by the Customer.
As a matter of principle, the price of the products and the transport costs are paid by the Customer at the time of ordering.
Accepted payment methods are: bank cards (Carte Bleue, VISA, MASTERCARD, and AMEX) and PayPal.
If payment is refused, the order will not be confirmed and the Customer will be redirected to the Site to place, if applicable, a new order.
Validation of the Customer’s order via payment automatically generates an invoice, which will be sent to the Customer by email to the email address of the account they previously created.
In the event of payment via PayPal, the Customer must create a PayPal account or, if one already exists, log in by entering their email address and password. The Customer then selects the payment method saved in their account and follows the instructions on the Site.
Article 10: Right of Withdrawal Applicable to Consumer Customers Located Within the European Union
Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the consumer Customer has a withdrawal period of 14 clear days from the day following the date of receipt of the ordered products.
To exercise the right of withdrawal for the purchase of products, within the above period the Customer must send to COLART France:
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a registered letter with acknowledgment of receipt stating their intention to exercise this right, or
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the standard withdrawal form available on the Site via the contact form.
It is specified that products that have been unsealed by the Customer cannot be subject to the right of withdrawal, as opening them would quickly damage and spoil the product.
Return of products
If the Customer exercises the right of withdrawal, the Customer must return the products to COLART FRANCE no later than 2 days after communicating their decision to withdraw, in perfect condition and in the original packaging, without any trace or mark, and without any pressure or deformation of the paint tube, with any accessories (including any instructions or explanatory documents), at the Customer’s expense. Failing that, the Customer is responsible for any deterioration of the product. The return or reshipment date of the products is evidenced by the postmark or carrier stamp.
The Customer’s liability may be engaged in the event of depreciation of the products resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of these products.
Use of the product depreciates the product and excludes the right of withdrawal.
The risks and costs of returning products are and remain borne by the Customer.
If all conditions required for return are met, COLART FRANCE undertakes to refund the Customer the product price as well as the initial transport costs within 14 days from effective receipt of the products.
If all conditions required for return are not met, COLART FRANCE may deduct from the amounts to be refunded, where applicable, a portion of the sale price corresponding to the sale price of missing products, as well as costs for the repair, replacement and/or restoration of any damaged/depreciated products. Such restoration may be impossible given the nature of the product. In these circumstances, COLART FRANCE may refuse a refund. It will be up to the Customer to dispute this decision.
COLART FRANCE will refund the Customer by bank transfer or by instruction given to PayPal.
Article 11: Transfer of Risk
For delivery in France: The transfer of risk in the product occurs at the time the Customer takes possession of the product when COLART FRANCE arranges transport of the product, in accordance with Article L.216-4 of the French Consumer Code.
For delivery within the EU: Sales will be made DAP (place of delivery indicated by the Customer) in accordance with Incoterms 2020.
Article 12: Product Warranty Applicable to Customers Located Within the European Union
Legal warranty of conformity
COLART FRANCE is bound by the warranty of conformity provided for in Articles L.217-1 et seq. of the French Consumer Code.
The Customer must inform COLART FRANCE in writing within two years of receipt of the product of any lack of conformity and prove such lack of conformity. At COLART FRANCE’s discretion, the Customer may be required to provide photographs of the products and/or return the product to COLART FRANCE as soon as possible.
A non-conforming product is considered to be a product received that does not match the order, or does not match the description given by COLART FRANCE, or does not have all the characteristics of the product, or is unfit for its expected use.
The warranty does not cover misuse or improper storage of the product, nor defects and characteristics of the product that the Customer was aware of at the time of sale. Defects and deterioration of delivered products resulting from abnormal storage and/or conservation conditions at the Customer’s premises or a third party’s premises, including in the event of an accident of any kind, do not give rise to COLART FRANCE’s warranty.
COLART FRANCE will inspect the product upon receipt, with the assistance of any service provider of its choice.
If, after inspection, an apparent defect or lack of conformity is confirmed within the applicable time limits, the Customer may choose between replacement or a refund of the product.
However, COLART FRANCE may decide not to proceed according to the Customer’s choice if that choice entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. In such case, COLART FRANCE must proceed, unless impossible, according to the option not chosen by the Customer. If replacement proves impossible, the Customer may request a refund of the product concerned under the standard legal conditions, unless the defect is minor.
Costs related to replacing the product are borne by COLART FRANCE.
If, after inspection, no apparent defect or lack of conformity is found, COLART FRANCE will inform the Customer. In this case, the Customer must either collect the product from COLART FRANCE’s premises or pay the shipping costs to COLART FRANCE before dispatch.
Warranty against hidden defects
The legal warranty of conformity does not deprive the Customer of the right to act under the warranty against hidden defects provided for by the French Civil Code. A hidden defect is understood as a defect existing prior to the sale relating to the manufacture of the product, rendering it unfit for its use and not detectable by the Customer upon receipt of the product.
Under the warranty against hidden defects, COLART FRANCE is liable for the product price and any damages generated by the defect.
COLART FRANCE warrants its products against hidden defects, in accordance with the law, customary practice, case law, and under the following conditions:
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The warranty against hidden defects applies only to products that have duly become the customer’s property, which implies full payment of the product price.
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The warranty is excluded where our products have been used under conditions of use, storage, warehousing, or transport that are not provided for or that are contrary to technical recommendations and/or technical descriptions and/or product sheets.
Defects and deterioration caused by the Customer, a third party, or any other event not attributable to COLART FRANCE are excluded from the warranty.
Article 13: Liability
In general, COLART FRANCE may only be held liable in the event of fault proven by the Customer in the performance of the order, under the conditions set forth in these GTC. In such a case, its liability is limited solely to direct, foreseeable damages that are personal to the Customer and certain, to the express exclusion of compensation for all indirect and/or intangible damages and/or losses, such as financial loss and damage to reputation.
In any event, COLART FRANCE disclaims all liability, in particular, for:
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normal wear and tear of products, notably linked to their use;
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use not in accordance with the purpose for which the product is intended;
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deterioration or accidents resulting from negligence, lack of supervision or maintenance, improper storage, or improper use;
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damages resulting from modifications, incorporation, or association of the product;
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malicious acts by the Customer or third parties.
In this context, COLART FRANCE undertakes either to replace the products as soon as possible or to refund the price of the products. If these options are not possible, the Customer may cancel the order.
Article 14: Force Majeure
In the event of a force majeure event, performance of obligations whose performance has become impossible is suspended for as long as this impossibility lasts.
A force majeure event is any event beyond the debtor’s control that could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, preventing performance of the debtor’s obligation, in accordance with Article 1218 of the French Civil Code.
The following events will also be considered force majeure, without the party unable to perform its obligations having to demonstrate that the event has the characteristics defined in the previous paragraph: epidemic, fire, storm, flood, earthquake, total or partial strikes, internal or external to the company, company lock-out, disruption of means of transport or communication routes, carrier failure, acts of government, changes to the regulations applicable to these GTC or to the products.
The prevented party must notify the other party without delay of the occurrence of such an event by any written means, specifying its nature and expected duration. It must also notify, in the same manner, the end of the impediment.
If the event lasts more than 60 days, the order may be cancelled at the initiative of either party. The cancellation will not give rise to any compensation. Any sums received by COLART FRANCE before that date will then be refunded to the Customer without delay.
A party that cannot perform due to the occurrence of such an event will not be held liable. No contractual penalty may be imposed on it, nor may its liability be engaged.
Article 15: Intellectual/Industrial Property
All distinctive signs, copyrights, and everything appearing on the Site used by COLART FRANCE are the exclusive property of COLART FRANCE or of an entity within the COLART group, and a sale cannot be construed as granting a license to use any of these rights.
Any reproduction, representation, or adaptation of logos, textual, pictographic, or video content, without limitation, is strictly prohibited and constitutes counterfeiting.
Products marketed on the Site by COLART FRANCE are protected by copyright (intellectual property rights) and/or industrial property rights (trademarks, designs and models) and are in all cases the result of COLART FRANCE’s know-how.
The Customer undertakes not to infringe COLART FRANCE’s intellectual property rights, or those of any other entity within the COLART group holding intellectual property rights in the products, namely the rights of representation, reproduction, and exploitation as defined by the Intellectual Property Code, without obtaining the prior written consent of Colart France or of the COLART group entity holding the rights in the products concerned.
The trademarks, patents, designs and models, and copyrights of Colart France or any other entity within the COLART group are the exclusive property of the latter, and a sale cannot be construed as granting a license to use any of these rights.
Accordingly, the Customer is prohibited in particular from reproducing the product or making a copy of it, or from participating in any operation infringing the intellectual and/or industrial property rights of COLART FRANCE or the COLART group.
Article 16: Personal Data Protection Applicable to Customers Located Within the European Union
In the course of registering and fulfilling their order, the Customer may be required to provide personal information concerning them.
All information provided during visits to the Site is strictly confidential. The purpose of this collection is to enable COLART FRANCE to ensure proper processing of Customers’ orders on the Site and to deliver the products to the Customer. The information provided by the Customer is a condition for, in particular, proper shipment of the products ordered on the Site.
This data may be transmitted to COLART FRANCE’s logistics service providers involved in performing the sales contract, as well as to the tax authorities or a court in order to comply with COLART FRANCE’s legal and administrative obligations or in connection with the management of a dispute.
The Customer may object to this at their discretion.
COLART FRANCE undertakes to take all useful precautions to preserve the security of the data communicated by the Customer or to which it may have access, and in particular to prevent it from being distorted, damaged, or accessed by unauthorized third parties.
The Customer undertakes to inform COLART FRANCE of any update relating to their personal data.
COLART FRANCE informs the Customer, whose data may thus be collected, that in accordance with European regulations applicable to any natural person located within the European Union, they have a right of access, modification, deletion, restriction, objection, and portability of their data.
Everyone also has the right not to be subject to a decision based solely on automated processing, such as profiling. These rights may be exercised by submitting a request on the Site.
Data subjects also have the right to lodge a complaint with the CNIL regarding the processing of their personal data by COLART FRANCE.
COLART FRANCE undertakes to retain the personal data it may collect for a period not exceeding what is necessary to achieve the purposes for which it was collected or processed and, in any event, for a maximum period of 3 years from the end of the last completed sale.
Article 17: Mediation and Dispute Resolution
In accordance with Articles L.611-1 et seq. of the French Consumer Code, the Customer located within the European Union may directly resort to a conventional mediation procedure for any dispute that may arise with COLART FRANCE.
For this purpose, the Customer may use the mediator service attached to the Judicial Court (Tribunal Judiciaire) of Le Mans.
To use this mediation procedure, the Customer must first send their complaint to COLART FRANCE by registered letter with acknowledgment of receipt.
If COLART FRANCE does not provide a satisfactory response within one month, the Customer may refer the matter to the mediator indicated above in accordance with the mediator’s procedures. This mediation is free of charge for the Customer, except for any lawyer’s fees or expert costs, which remain the Customer’s responsibility.
In accordance with Article L.611-2 of the French Consumer Code, the mediator may not examine the dispute when:
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the Customer cannot demonstrate that they previously attempted to resolve the dispute directly with COLART FRANCE by a written complaint in accordance with the procedures provided, where applicable, in the contract;
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the request is manifestly unfounded or abusive;
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the dispute has previously been examined or is being examined by another mediator or by a court;
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the Customer submitted the request to the mediator more than one year after the written complaint to COLART FRANCE;
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the dispute does not fall within the mediator’s jurisdiction.
Furthermore, in accordance with Article L.616-2 and Article 14 of European Regulation No. 524/2013 on online consumer dispute resolution, the Customer may use the online mediation system offered by the Online Dispute Resolution platform by connecting via the following link: https://webgate.ec.europa.eu.
The dispute may also be brought directly—or, failing resolution through mediation—at the Customer’s choice, before the Judicial Court of Le Mans, or the court within whose jurisdiction the Customer’s domicile is located on the date the sale was concluded, or the Judicial Court within whose jurisdiction the place of delivery of the product is located, in accordance with the applicable rules of jurisdiction.
Article 18: Legal Notice
Seller identification: COLART France
Company share capital: €4,429,450
SIRET number: 34791718900024
Intra-Community VAT number: FR54347917189
The Director of Publication is Jake Kersey, in his capacity as Managing Director of COLART FRANCE.
The Site is hosted by AMAZON WEB SERVICES EMEA SARL, UK BRANCH
Registered in England and Wales ▪ UK Establishment No. BR019315
VAT No.: GB283644382
Registered office: 1 Principal Place, Worship Street, London, EC2A 2FA, UNITED KINGDOM
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of COLART FRANCE, a simplified joint-stock company, registered with the Trade and Companies Register of Le Mans under number 347917189, with its registered office at 5 rue René Panhard, 72000 LE MANS / email: conteaparissupport@colart.com
I/We () hereby notify you of my/our () withdrawal from the sales contract for the goods below:
Received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date: