Terms of service

Version 2026-08-13. Supersedes all prior versions. Previous versions available on request from legal@directcolors.com.

Terms of Service

Please read this Terms of Service (“Terms”, “Terms of Service”) carefully before using the directcolors.com website (the “Website”) operated by Direct Colors LLC, a limited liability company formed in Delaware, United States (“us”, “we”, “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, or by placing an order with us, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer goods on this Website. The price of these goods can be found listed on the Website. Applicable taxes, shipping and other fees are calculated and presented during the checkout process.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. When you make a purchase, you will be presented with a payment form using one of the following third party payment processors: Amazon Pay, Apple Pay, Google Pay, PayPal, Shopify, Affirm, Authorize.net, and Shop Pay. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, bank transfer, Check, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Intended use of our products

Our pigment products are formulated for colouring concrete, mortar, stucco and other cement- and lime-based materials. They are not formulated, tested or sold for use in candles, wax, resin, soap, cosmetics, personal-care products, food-contact applications, or any application involving contact with skin or ingestion. We give no assurance of any kind in respect of any such use.

You are solely responsible for determining whether a product is suitable for your particular purpose and for your method of application, including by testing before use.

Colour references are not samples

COLOUR SWATCHES, CHIPS, CHARTS, PRINTED AND DIGITAL IMAGES, PHOTOGRAPHS, RENDERINGS AND ON-SCREEN COLOUR REPRESENTATIONS ARE PROVIDED FOR GENERAL REFERENCE ONLY. THEY ARE NOT SAMPLES OR MODELS OF THE GOODS AND CREATE NO WARRANTY THAT ANY PRODUCT OR FINISHED WORK WILL CONFORM TO THEM.

Screen and print reproduction vary. The finished appearance of coloured concrete depends on cement type and source, aggregate, water content, admixtures, dose, mixing, placement, finishing technique, curing, weather, surface treatment and subsequent maintenance, none of which we control. A test pour or sample panel, made with the actual materials, mix design, dose, finishing method and curing conditions of your intended work, is the only reliable indication of finished appearance.

Inspection and notice

You should inspect each product before use. Any claim that a product is non-conforming must be made in writing within 30 days of delivery and before the product is used. Use of a product constitutes acceptance of it.

Cancellation policy

We offer cancellations on purchases made of the goods offered on our Website. We offer cancellations only prior to shipment. You may cancel your order by contacting us by email at cs@directcolors.com, referencing your order number. If the order has shipped, a 20% return fee is assessed. We will issue you a partial refund of the purchase price that you paid if you cancel your purchase. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will provide you with 1-3 business days notice prior to cancelling your order. We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

Refunds and returns are governed by our Refund Policy, available at directcolors.com/policies/refund-policy, which forms part of these Terms. In the event of any inconsistency between these Terms and the Refund Policy in respect of refunds and returns, the Refund Policy governs.

Shipping policy

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies. When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process. We or a third party will ship the goods to you usually within 1-3 business days of the date on which you made your purchase. Further shipping terms are set out in our Shipping Policy, which forms part of these Terms.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

WE DO NOT WARRANT OR GUARANTEE SPECIFIC PROJECT OUTCOMES, COLOUR RESULTS, FINISH APPEARANCE, ADHESION, COVERAGE RATES OR PRODUCT PERFORMANCE ONCE A PRODUCT HAS BEEN OPENED, USED, MIXED, APPLIED OR OTHERWISE HANDLED.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. This remedy is intended to be your sole and exclusive remedy for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Direct Colors a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

• Content that harasses others
• Swearing, name calling and otherwise abusive content
• Content displaying, depicting or suggesting violence
• Content encouraging or committing illegal acts
• Content infringing on someone's rights, including intellectual property rights
• Content that is discriminatory or offensive
• Pornographic or sexually explicit content
• Content that exploits or abuses children
• Content sharing personal information without consent
• Content advertising products or services without our permission
• Content whose purpose is spamming others
• Anything defamatory

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

• Impersonating or attempting to impersonate Direct Colors or its employees, representatives, subsidiaries or divisions;
• Misrepresenting your identity or affiliation with any person or entity;
• Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
• Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
• Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
• Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
• Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
• Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
• Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
• Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
• Otherwise attempting to interfere with the proper working of the Website;
• Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL DIRECT COLORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR THE PRODUCTS PURCHASED THROUGH IT, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE; AND THE COST OF LABOUR, REMOVAL, REPLACEMENT OR REPAIR OF CONCRETE OR OTHER MATERIALS, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF DIRECT COLORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF DIRECT COLORS ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY PRODUCT PURCHASED THROUGH IT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY DIRECT COLORS FROM YOU.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF DIRECT COLORS.

NOTHING IN THIS SECTION LIMITS LIABILITY FOR PERSONAL INJURY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

IF, DESPITE THE LIMITATION ABOVE, DIRECT COLORS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF DIRECT COLORS WILL IN NO EVENT EXCEED THE FEES YOU PAID TO DIRECT COLORS IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are © 2019 - 2026 Direct Colors or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Direct Colors and are either registered trademarks, trademarks or otherwise protected intellectual property of Direct Colors or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact our Legal department at legal@directcolors.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
• A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
• Your name, email, address and telephone number; and
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Direct Colors
Legal department
legal@directcolors.com
430 E. 10th Street
Shawnee, OK 74801
United States

Governing law, severability, dispute resolution, venue and class action waiver

These Terms shall be governed and construed in accordance with the laws of the state of Oklahoma, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and your purchases, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Pottawatomie County, Oklahoma.

YOU AND DIRECT COLORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. The version and date of the current Terms appear at the top of this page. Terms in effect at the time you place an order govern that order.

Questions

If you have any questions about our Terms of Service, please contact us at legal@directcolors.com.