General terms and conditions of sale
Article 1 — Definitions
In these terms and conditions the following definitions apply:
Terms and Conditions: these general terms and conditions of Stichting Nederlands Kleur Instituut (SNKI), applying to all transactions, agreements and interactions between SNKI and its customers.
Buyer: the natural or legal person entering into an agreement with SNKI for the purchase of products, services, advice, training or consultancy.
Supplier: the supplier is Stichting Nederlands Kleur Instituut (SNKI), a foundation established in Krommenie, the Netherlands, registered with the Chamber of Commerce under number 69483175. The supplier's VAT identification number is NL8578.89.515.B01. The supplier trades under the names SNKI, NCSkleuren.nl, RAL-shop.nl, Nederlandse Kleurenschool and Colorexpertshub.nl.
Distance Agreement: an agreement between the supplier and the buyer concluded using one or more means of distance communication, such as online transactions or telephone orders.
Cooling-off Period: the period within which the buyer may exercise the right of withdrawal.
Right of Withdrawal: the buyer's option to withdraw from the distance agreement within the cooling-off period.
Durable Medium: any means enabling the buyer or supplier to store information in a way that allows future consultation and unaltered reproduction of the stored information, such as emails or digital files.
Products: all items offered by SNKI, such as colour samples, equipment, software and other physical goods.
Services: the training, advice, consultancy and other non-material services offered by SNKI.
Means of Distance Communication: any means that can be used to conclude an agreement without the buyer and supplier being in the same room at the same time, such as a web shop, email or telephone.
Day: a calendar day.
In-company Training: bespoke training or courses given at the client's location or online.
Open Courses: courses organised by SNKI that are open to individual enrolment.
Return Conditions: the specific rules and procedures for returning products, as set out in the separate returns policy.
Cancellation Conditions: the specific rules and procedures for cancelling services, training and courses, as set out in the separate cancellation policy.
Article 2 — Applicability. General These terms and conditions apply to every offer, every order and every agreement between the buyer and SNKI, including but not limited to the supply of products, services, advice, training and consultancy. This applies regardless of how the agreement is concluded, including through SNKI's websites or other means of distance communication.
Deviating Conditions Deviations from or additions to these terms and conditions are valid only if agreed in writing between SNKI and the buyer. Deviating conditions apply only to the specific agreement for which they were agreed. In that case the remaining provisions of these terms and conditions remain in full force.
Applicability to Distance Agreements These terms and conditions also apply to agreements concluded through any of SNKI's websites, including but not limited to NCSkleuren.nl, RAL-shop.nl, Kleurenschool.nl and Colorexpertshub.nl.
Precedence in the Event of Conflict Where specific product or service conditions apply and prove to conflict with these terms and conditions, the conditions most favourable to the buyer prevail, unless agreed otherwise in writing.
Nullity or Annulment If one or more provisions of these terms and conditions prove to be void or are annulled, the remaining provisions remain in full force. The parties will agree by mutual consultation on a replacement provision that follows the purport and purpose of the original provision as closely as possible.
Ambiguities and Unforeseen Situations Ambiguities about the interpretation of one or more provisions of these terms and conditions, or situations not expressly covered by them, are to be assessed and interpreted in line with the purport of these terms and conditions and the reasonable expectations of the parties.
Article 4 — Prices and Payment. Prices a. All prices stated by SNKI are in euros and exclusive of VAT, unless expressly stated otherwise. b. Any additional costs, such as shipping, packaging, administration or transport costs, are specified separately and are borne by the buyer, unless agreed otherwise in writing.
Payment in Advance a. For orders placed through SNKI's websites (NCSkleuren.nl, RAL-shop.nl, Kleurenschool.nl, Colorexpertshub.nl), payment must be made in full in advance. Orders are processed only after payment has been received. b. Payment in advance also applies to education, training and consultancy, unless agreed otherwise in writing.
Payment on Account with a Credit Term a. Where payment on account is agreed, this is possible only after prior written approval by SNKI. b. Where payment on account applies, a credit term of no more than 30 days from the invoice date is used. A surcharge of 4% of the invoice amount applies to this payment option, unless agreed otherwise in writing. c. SNKI reserves the right to refuse a credit term without giving reasons.
Non-payment and Consequences a. If the buyer fails to meet payment obligations on time, the buyer is in default by operation of law. From the due date of the invoice, the buyer owes statutory interest on the outstanding amount, as well as reasonable extrajudicial collection costs in accordance with the statutory scale for collection costs. b. In the event of non-payment, SNKI reserves the right to suspend or cancel performance of the agreement. c. Collection measures: if payment is not forthcoming, the buyer is first requested to settle the overdue payment within 7 days of a reminder. If payment is not made within that period, the matter is transferred to a collection agency or to SNKI's legal department. The costs of collection, both judicial and extrajudicial, are borne in full by the buyer. d. Legal action: where legal action proves necessary, SNKI will bring a claim before the competent court. The buyer is liable for all legal costs incurred, including costs of legal assistance, court fees and other legal costs arising from the proceedings. e. Where payment arrears persist, SNKI may temporarily or permanently halt the supply of products or services until payment has been received in full.
Suspension and Set-off a. SNKI reserves the right to suspend its obligations if the buyer fails to meet payment obligations. b. The buyer is not entitled to suspend payments or set them off against any counterclaims, unless agreed otherwise in writing.
Retention of Title a. All products supplied by SNKI remain the property of SNKI until the buyer has met all payment obligations in full, including any interest and additional costs. b. In the event of the buyer's default, SNKI is entitled to take back the products supplied. The buyer is obliged to cooperate in this.
Article 5 — Right of Withdrawal and Returns. Right of Withdrawal a. The buyer has the right to withdraw from the agreement within 14 days of receiving the product, without giving reasons. b. The withdrawal must be submitted in writing or by another durable medium (by email, for example) to SNKI, quoting the order number and the items concerned. c. The withdrawal period starts on the day the buyer receives the product or, where several products are involved, on the day the buyer receives the last product.
Exclusions from the Right of Withdrawal a. The right of withdrawal does not apply to:
Colour samples or made-to-order products, such as RAL Design colour samples and NCS design tools (for example NCS Atlas, NCS Block, NCS Album), unless the products are defective or damaged on receipt.
Products that, once opened, are no longer fit for resale (such as software or digital products that have been downloaded).
Products that cannot be returned for reasons of hygiene.
Returns a. If the buyer exercises the right of withdrawal, they will return the product in its original condition and packaging where possible, with the exception of damaged or defective items, for which returns may be made free of charge. b. For detailed instructions on how to make a return, the buyer is referred to the Returns Policy available on our website.
Refund a. After the returned product has been received and assessed against the return conditions, SNKI will refund the full purchase amount within 30 days, including the outbound shipping costs (unless excluded). The refund is made through the original payment method.
Article 6 — Delivery, Performance of Services and Transfer of Risk. Delivery Periods SNKI endeavours to meet the agreed delivery periods. Delivery periods are, however, indicative and are not strict deadlines. Exceeding a delivery period does not entitle the buyer to compensation or to dissolution of the agreement, unless expressly agreed otherwise in writing.
Specific Delivery Periods For made-to-order products or specific deliveries, such as NCS products, a longer delivery period of up to 6 weeks may apply. SNKI will inform the buyer of this in good time.
Place of Delivery Delivery takes place at the address stated by the buyer, unless agreed otherwise in writing. The buyer is obliged to take receipt of the products once they have been delivered to the agreed address.
Transfer of Risk The risk of damage, loss or other harm to products passes to the buyer as soon as the products have been delivered to the agreed delivery address. Where the buyer arranges transport, the risk passes at the moment the products are handed over by SNKI to the carrier.
Partial Deliveries SNKI reserves the right to deliver orders in parts, provided the buyer has been informed. Each partial delivery is treated as a separate transaction, but the payment obligation remains unchanged.
Impossibility of Delivery If delivery of an ordered product proves impossible, SNKI will inform the buyer as soon as possible. If the buyer has already paid for the product, SNKI will refund the amount paid within 30 days.
Performance of Services SNKI will make every effort to perform the agreed services, such as training and consultancy, to the best of its knowledge and ability. SNKI cannot, however, guarantee specific outcomes unless agreed otherwise in writing. Changes to the performance of services may prove necessary depending on circumstances beyond SNKI's control.
Force Majeure In the event of force majeure, including but not limited to natural disasters, pandemics, supply chain disruptions or other unforeseen circumstances, SNKI has the right to suspend delivery or performance of services, or to dissolve the agreement in whole or in part, without owing any compensation.
Article 7 — Risk, Insurance and Liability. Transfer of Risk on Delivery The risk of damage, loss or other harm to the products passes to the buyer at the moment of delivery to the agreed delivery address. Where the buyer arranges transport, the risk passes at the moment the products are handed over by SNKI to the carrier.
Insurance by the Buyer It is the buyer's responsibility to arrange suitable insurance for the products from the moment the risk has passed to them.
Liability During Performance For damage arising during the performance of services, such as consultancy or training on location, SNKI is liable only for direct damage demonstrably caused by intent or gross negligence on the part of SNKI or its staff.
Limitation of Liability SNKI is not liable for indirect damage, including consequential loss, loss of profit or loss of data. Nor is SNKI liable for damage resulting from improper use of the products by the buyer or third parties.
The Buyer's Products Where products are supplied by the buyer for processing, treatment or other services, they remain at the buyer's risk at all times, unless agreed otherwise in writing.
Insurance for Specific Products or Services Where additional insurance is necessary for particular deliveries or services, SNKI may charge the costs to the buyer. The buyer will be informed of this in writing in advance.
Damage or Loss Through Force Majeure SNKI is not liable for damage to or loss of products, or for delays in delivery, resulting from force majeure, including but not limited to natural forces, pandemics, cyberattacks or logistical disruption.
Article 8 — Delivery and Delivery Times. Delivery Period Unless agreed otherwise in writing, SNKI endeavours to deliver the products or services within a reasonable period, taking into account the nature of the products and any specifications from the buyer. Made-to-order products, such as specific NCS deliveries, may have a delivery time of up to six weeks.
Indicative Delivery Times All delivery periods are indicative and are not strict deadlines, unless agreed otherwise in writing. Exceeding the delivery time does not entitle the buyer to compensation or to dissolution of the agreement, unless the delay is such that the buyer cannot reasonably be expected to maintain the agreement.
Transfer of Risk The risk of loss, damage or depreciation of the products passes to the buyer at the moment of delivery, unless expressly agreed otherwise. Where transport is arranged by SNKI, the risk remains with SNKI until delivery at the agreed location.
Partial Deliveries SNKI reserves the right to deliver orders in parts. Where an order is delivered in parts, each part is regarded as a separate agreement.
Non-delivery by Third Parties Where SNKI depends on third parties for the supply of certain products and those third parties cannot deliver (on time), the buyer will be informed. In that case SNKI is entitled to adjust the delivery time or to dissolve the agreement without owing any compensation.
Collection of Orders Where agreed, the buyer may collect the order from a location designated by SNKI. The risk of loss or damage passes to the buyer at the moment the order is made available for collection.
The Buyer's Obligation The buyer is obliged to take receipt of the purchased products at the moment they are made available. If the buyer does not take receipt in good time, the products are stored at the buyer's expense and risk, unless agreed otherwise in writing.
Article 9 — Conformity and Warranty. Conformity
SNKI guarantees that the products and/or services supplied comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability, in accordance with the applicable statutory provisions.
For B2B transactions, the buyer is responsible for the correct use of the product in accordance with the specifications and instructions provided.
Warranty Period
Electronic products carry a warranty of one year from the delivery date, unless agreed otherwise in writing. This warranty covers material and manufacturing defects only.
Other products may be covered by warranty on the basis of additional written agreements or specifications at the time of purchase.
Limitations of the Warranty
The warranty does not apply in the event of:
Normal wear, incorrect use, or use contrary to the instructions supplied.
Damage caused by modifications, repairs or treatments by the buyer or a third party without SNKI's written consent.
Improper storage or transport conditions on the part of the buyer.
Damage from external factors, such as power failures, water damage or accidents.
The Buyer's Rights
Where a defect falls under the warranty, SNKI will, at its own discretion, repair the defect, supply a replacement product, or offer suitable financial compensation.
Repair or replacement takes place within a reasonable period, depending on availability and technical possibilities.
Procedure for Warranty Claims
The buyer must report defects or complaints in writing within 7 calendar days of discovery to info@nederlandskleurinstituut.nl, with a clear description of the problem, the delivery date, and any supporting evidence (such as photographs or proof of purchase).
If the warranty claim is accepted, SNKI will arrange repair, replacement or refund as appropriate.
Exclusion of Additional Warranties
The warranty described in this article supplements the statutory warranty and does not affect it.
For B2B buyers, additional warranty applies only where expressly agreed in writing.
Article 10 — Liability. Limitation of Liability SNKI is liable only for direct damage arising from an attributable failure to perform the agreement. Any liability for indirect damage, such as consequential loss, lost profit, loss of data or non-material damage, is expressly excluded.
Maximum Compensation Where SNKI is held liable, that liability is limited to the amount paid out by SNKI's liability insurance, plus any excess borne by SNKI in connection with that insurance. If the insurance does not pay out, SNKI's liability is limited to at most the invoice amount of the agreement, excluding VAT.
Exclusion of Liability SNKI is not liable for damage arising from:
Improper use of the products or services supplied by the buyer.
Information or specifications provided by the buyer that prove to be incorrect.
Delays in delivery as a result of force majeure or circumstances beyond SNKI's control.
Defects or faults in products supplied by third parties for which SNKI does not act as manufacturer or importer.
The Buyer's Responsibility The buyer indemnifies SNKI against all third-party claims, including claims by the buyer's customers, arising from the use of the products or services supplied by SNKI. This indemnity also covers any legal costs.
Limitation in Time Any claim for damages against SNKI lapses if it has not been submitted to SNKI in writing within one (1) year of the damage being discovered.
Article 11 — Warranty and Complaints. Warranty on Products For products supplied by SNKI, the manufacturer's warranty as provided by the manufacturer applies. For electronic products a warranty period of one (1) year applies, unless agreed otherwise in writing.
Exclusion of Warranty The warranty lapses if:
The buyer has made or had made modifications to the product.
The product has not been used in accordance with the instructions or specifications.
Damage results from normal wear, injudicious use, improper maintenance or external influences such as moisture or extreme temperatures.
Complaints The buyer is obliged to inspect products supplied immediately on receipt. Any complaints about visible defects, errors in the delivery, or faults must be reported to SNKI in writing within seven (7) calendar days of receipt, with a clear description of the defect.
Repair or Replacement Where a defect is reported within the warranty period and acknowledged by SNKI, SNKI will, at its own discretion, repair the product, replace it, or refund the purchase price in whole or in part.
Returns Products can be returned only after prior written approval from SNKI and in accordance with the return instructions provided by SNKI. The costs of returns are borne by the buyer, unless the defect in the product is attributable to SNKI.
Limitation of Responsibility SNKI's obligations in respect of warranty and complaints are limited to what is set out in this article. Any further liability is excluded, as described in Article 9 of these terms and conditions.
Article 12 — Cancellation and Amendment of Agreements. Cancellation by the Buyer a. For training, courses and other services with a fixed start date:
Cancellation is free of charge up to 30 days before the start of the training or course.
For cancellation between 14 and 30 days before the start, 50% of the full amount is charged.
For cancellation less than 14 days before the start, the full amount is charged. b. For other products and services:
Cancellation of made-to-order products or services is not possible once production or performance has begun.
For standard products, the conditions set out in the returns and cancellation policy apply (see appendix). c. Substitute participant:
If the buyer is unable to attend a training course, a substitute participant may be registered free of charge, provided this is notified to SNKI in writing no later than 3 working days before the start.
Amendments by the Buyer
Requests for amendment, such as rescheduling a training course or adjusting the participant list, must be submitted in writing. SNKI reserves the right to charge administrative costs for amendments made less than 14 days before the original start date.
Cancellation or Amendment by SNKI
SNKI reserves the right to cancel or reschedule training or courses in the event of insufficient participants, force majeure, or other unforeseen circumstances.
Where SNKI cancels, the buyer is entitled to a refund of the full amount or, by agreement, to attend on an alternative date.
Force Majeure
In situations of force majeure, such as natural disasters, pandemics or other unforeseen circumstances, SNKI may suspend or cancel an agreement without being liable for any damage.
Administrative Costs on Cancellation
Where the buyer cancels, administrative costs of €50 may be charged, including for cancellations that are otherwise free of charge.
Article 13 — Complaints Procedure. Reporting Complaints a. Complaints about performance of the agreement, such as defects in products, services or training, must be reported to SNKI in writing and with reasons within 7 working days of discovery, at info@nederlandskleurinstituut.nl. b. For complaints submitted after that period, SNKI reserves the right not to handle them, unless the nature of the complaint reasonably prevented earlier reporting.
Handling of Complaints a. SNKI endeavours to respond to complaints within 14 working days of receipt. Where a complaint requires longer to process, the buyer will receive an indication of the further handling within that period. b. If the complaint is found to be justified, SNKI will, at its own discretion, arrange repair, replacement, or suitable financial compensation.
Suspension of Obligations Submitting a complaint does not release the buyer from payment obligations, unless SNKI indicates otherwise in writing.
Dispute Resolution If a complaint is not handled to the buyer's satisfaction, it may be brought before a competent court as stated in Article 15 — Applicable Law and Dispute Resolution.
Limitations a. Complaints arising from damage caused by improper use of products, negligence on the part of the buyer, or other circumstances beyond SNKI's control will not be handled. b. Any costs of inspection or investigation of unfounded complaints may be charged to the buyer.
Complaints About Invoices Complaints about invoices must be reported in writing within 7 days of the invoice date. After that period the buyer is deemed to have accepted the invoice as correct.
Article 14 — Force Majeure. Definition of Force Majeure Force majeure means any circumstance that wholly or partly prevents performance of the agreement and that cannot be attributed to SNKI. Examples include, but are not limited to:
Natural disasters, fire, flooding, pandemics or epidemics.
Labour disputes, such as strikes or work stoppages.
Restrictions arising from government measures, embargoes or other trade barriers.
Failures in digital infrastructure, such as cyberattacks, network outages or technical problems.
Shortages of raw materials or transport problems at suppliers.
Suspension of Obligations a. Where force majeure temporarily prevents SNKI from meeting its obligations, those obligations are suspended for the duration of the force majeure. b. SNKI will inform the buyer in writing as soon as possible about the nature of the force majeure and the expected duration of the suspension.
Termination in the Event of Lasting Force Majeure Where performance becomes permanently impossible through force majeure, or where the force majeure lasts longer than 60 days, both parties have the right to dissolve the agreement in writing without any compensation being owed.
Liability a. SNKI is not liable for damage arising from force majeure. b. The buyer remains obliged to pay for products or services already supplied.
Alternatives Where possible, SNKI will endeavour to offer an alternative solution that minimises the impact of the force majeure. Any additional costs incurred for this may be charged to the buyer, provided they have been agreed in writing in advance.
Article 15 — Intellectual Property Rights. Ownership of Intellectual Rights All intellectual property rights in products, services, designs, materials, advice, training modules, digital files, software and other works supplied by SNKI remain the exclusive property of SNKI, including after termination of the agreement, unless agreed otherwise in writing.
Right of Use The buyer acquires only a non-exclusive, non-transferable right to use the products and/or services supplied, including software and training modules, for the agreed purposes. This right of use applies only for the term of the agreement or the period agreed in writing. The buyer is expressly not permitted to: a. decompile, copy, modify or distribute software; b. reproduce, distribute or publish training modules without SNKI's written consent; c. reproduce or resell digital or physical materials.
Restrictions The buyer may not alter, remove or render illegible any notices relating to copyright, trademarks or other intellectual property rights. Creating derivative works based on software, training modules or other materials supplied by SNKI is prohibited.
Infringement of Intellectual Property Rights If the buyer infringes SNKI's intellectual property rights, the buyer is fully liable for all direct and indirect damage that SNKI suffers as a result. This includes, but is not limited to, lawyers' fees, court costs and costs of compensation. SNKI reserves the right to take legal action in the event of infringement.
Indemnity SNKI indemnifies the buyer against third-party claims of alleged infringement of intellectual property rights, provided that: a. the buyer informs SNKI in writing immediately of such claims; b. the buyer leaves the handling of the matter entirely to SNKI; c. the buyer gives all reasonable cooperation and refrains from acting independently in ways that could harm SNKI's position. The indemnity does not apply where the infringement arises from designs, information or materials supplied by the buyer.
Return or Destruction of Materials On termination of the agreement, the buyer is obliged to return or demonstrably destroy, within 14 days and at SNKI's discretion, all materials supplied by SNKI, including software, training modules, digital files, documentation and designs. Destruction must be confirmed in writing. SNKI may set additional conditions for the handling of confidential or protected information.
Specific Provisions for Software For software, the right of use is limited to the agreed number of users and/or devices. Updates, upgrades and maintenance of the software are supplied solely in accordance with the conditions agreed specifically for that software.
Article 16 — Privacy and Data Protection. Processing of Personal Data SNKI processes personal data in accordance with the General Data Protection Regulation (GDPR).
Privacy Policy For more information about how SNKI handles personal data, please see our privacy policy, available on our website.
Consent to Processing By using our services, the buyer consents to the processing of personal data as described in the privacy policy.
Article 17 — Applicable Law and Competent Court. Applicable Law All agreements, offers and legal relationships between SNKI and the buyer are governed exclusively by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Competent Court Disputes arising from or connected with agreements to which these terms and conditions apply are submitted exclusively to the competent court in the district of Amsterdam.
Severability If any provision of these terms and conditions proves to conflict with mandatory law, the remaining provisions remain in full force. The parties will consult in order to agree a replacement provision that approximates the original provision as closely as possible.
Minimal Escalation SNKI endeavours to resolve any disputes in the first instance in good consultation with the buyer, before legal steps are taken.
Article 18 — Final Provisions. Date of Entry into Force These terms and conditions take effect from 1 January 2026. They replace all earlier versions of the terms and conditions and apply to all agreements, offers and transactions concluded from that date.
Amendment of the Terms and Conditions SNKI reserves the right to amend these terms and conditions at any time. Amendments take effect as soon as the new version of the conditions is published on SNKI's website, unless indicated otherwise. The buyer is deemed to have accepted the amended conditions by continuing to use SNKI's services or products after the amendment.