Terms and Conditions

 

1 – ORDERS

In accordance with standard practice, all orders imply unreserved acceptance of our “?general terms and conditions of sale?”, notwithstanding any stipulation to the contrary in our customers’ general terms and conditions of purchase; The customer’s order and its acceptance by our company, as well as the acceptance of any goods by the customer, imply the customer’s unreserved acceptance of these terms and conditions of sale, and only the stipulations of the order form, delivery note and invoices are deemed authentic between the parties; An order will only be taken into consideration by us once we have received a dated and signed order form, specifying the technical characteristics of the work to be carried out;

 

2 – OFFERS AND PRICES

Our offers are reserved exclusively for buyers acting in a professional capacity and not for consumers or non-professionals; Our offers are subject to availability; Our prices do not include taxes and are calculated at the current exchange rate; All shipping costs will be charged; Our prices may be revised in the event of changes in tax, customs and social legislation, and in general of any legislative measures that may have an impact on prices, or in the event of changes in exchange rates; N.B.: Conventions on proof; We agree to recognize as evidence communications made on any medium: paper, electronic, fax, etc. However, in the event of a dispute, only documents bearing a handwritten or electronic signature will prevail over any other document;

 

3 – SAMPLES

Samples sent on request are systematically invoiced on the basis of our price per smallest quantity plus a flat-rate charge of €12 for shipping and preparation; No returns or exchanges will be accepted;

 

4 – MARKING AND DRAWING

Prices shown in the catalog are exclusive of VAT, with or without marking; In some cases, marking can be done in several colors; For technical reasons, quantities delivered with marking and invoiced may vary by + or – 10% from quantities ordered; For marking colors, please indicate PANTONE® references when ordering; Please note that these may vary according to the materials and marking techniques used; Our design studio will prepare the markings to be reproduced on the items ordered; Before the final printing of the products ordered, a print order will be presented for acceptance; Acceptance of this print order releases us from all liability; It is used to check texts and drawings before final printing; A delay of more than 72 hours in returning the Bon A Tirer for acceptance will modify the delivery time indicated on the order form; We accept no responsibility for the ownership of the markings we reproduce on behalf of our customers, with or without indication; It is up to them to carry out the necessary prior art searches and to ensure that there are no similarities with existing products; Consequently, any direct or indirect damage suffered by us as a result of the customer’s failure to respect the rights of others shall be borne and made good by the customer;

 

5 – TRANSPORTATION

Our prices are ex-warehouse and do not include VAT; You will be billed for transport costs; In the event of damage or shortages, reservations must be made on the carrier’s delivery note and confirmed by registered letter within 3 days; Under no circumstances may any delay in delivery give rise to any right to compensation or penalty whatsoever;

 

6 – DELIVERY TIME

Our delivery times are indicated in the presentation of each product; They are given purely as an indication and are to be considered once the return of the print order has been accepted; The proofs are sent approximately 72 hours after receipt of the order accompanied by the branding elements (letterhead, business card, brochure, digital media); Without marking, our lead times are one week for stocked products; Under no circumstances may late delivery give rise to any right to compensation or penalty whatsoever;

 

7 – PAYMENT

Unless otherwise stipulated, payment of our invoices must be made to the Head Office; The acceptance of drafts does not derogate from this clause; Accepted items must be returned within a maximum of eight days; Failure to return the bill of exchange will be considered as a refusal of acceptance, equivalent to a default in payment; An initial deposit of 30% of the total invoice amount is required when the order is placed; The balance of the invoice must be paid within thirty days of delivery; There is no discount for early payment after the due date stated on the invoice; Any delay in payment not remedied after formal notice will give rise to late payment penalties calculated as follows : – Interest rate applied by the European Central Bank to its most recent refinancing operation plus 7 percentage points, but not less than one and a half times the legal interest rate; – Flat-rate compensation for collection costs of 40 euros, in accordance with article D.445-5 of the French Commercial Code; The purchaser is prohibited from using any part of a due date as a reason for payment or as compensation; Failure to pay an invoice or bill of exchange by the due date, or failure to return a bill of exchange sent for acceptance within eight days, may, at our discretion, render all subsequent invoices or bills of exchange immediately payable, even if not yet due, and authorises us to suspend the execution of any order in progress; In the event of legal action or recovery, recourse to a bailiff or litigation service, the customer will bear the costs incurred for recovery, including fees or salaries disbursed, and our invoices will be increased by 10%, a penalty clause accepted by the customer;

 

8 – WARRANTY, LIABILITY AND CLAIMS

By express agreement between the parties, the seller’s liability resulting from a malfunction of the product during the warranty period is limited to covering the cost of labour, the replacement of parts recognised as defective and the costs resulting from the following operations: dismantling, reassembly, transport to the site, etc; In accordance with law no. 98-389 of 19 May 1998, the seller is exempt from all liability for any damage caused by a defect in the product delivered to goods for professional use other than the product itself; The goods we sell as a reseller are covered by the manufacturer’s warranty, which we undertake to honour after obtaining the manufacturer’s agreement; To be taken into consideration, all complaints of any kind must be made in writing within 8 days of delivery of the goods; The fact of a complaint in no way releases the buyer from his obligations to pay the invoice within the agreed time limits; Any credit notes will be issued upon receipt of the goods for which the dispute has been duly noted and accepted by our company; Goods found to be faulty will be exchanged or, in the event of a malfunction, repaired within a variable period of time depending on the Service Department’s workload. If repair is not possible, the goods may be replaced by an identical model with no marking, or a model of equivalent value if they are out of stock; Goods must be returned with LOGOPROM’s consent; No collect returns will be accepted; No claim may give rise to any indemnity or penalty whatsoever;

 

9 – PROPERTY RESERVATION CLAUSE

In application of law n°?80-335 of 12 May 1980 (J.O of 12/13.05.1980) the transfer of ownership of goods delivered and invoiced is suspended until full payment of the price (applicable to the right of reclamation even in the event of receivership or compulsory liquidation), the legal ownership of our articles will therefore only be transferred to the purchaser on the date on which the latter has paid the price in full. If the goods are sold in the meantime, it is the customer’s responsibility to assign the claim to us, and if payments are made on these claims, they must be sent to us as soon as they are received. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause;

 

10 – AGREEMENT ON EVIDENCE

The parties agree to exchange information on all media; However, in the event of difficulty, they agree to rank the evidential value of the communication media used between them in order of decreasing value as follows: – message on electronic medium, bearing an electronic signature as referred to in article 1367 of the Civil Code – message on paper medium, in original and bearing a handwritten signature – faxes bearing a handwritten signature – messages on electronic medium without electronic signature They further agree that the use of the Registered Letter with Acknowledgement of Receipt may be made either on paper medium or on electronic medium.

 

11 – PERSONAL DATA

The information collected when the quotation is drawn up is collected and recorded by the Seller for the purposes of providing the service and managing any complaints; Only the data strictly necessary for these purposes are kept; In accordance with Act 78-17 of 6 January 1978 as amended by Act 2014-344 of 17 March 2014, known as the Data Protection Act, and European Regulation 2016 / 679 of 27 April 2016, on request, you have the right to information, rectification and deletion of your data. You may also object, on legitimate grounds, to the use of your data; If you wish to exercise these rights, you can send us an e-mail or letter specifying “Personal rights” in the subject line and enclosing a copy of your proof of identity;

 

12 – JURISDICTION CLAUSE

This Contract is governed by French law; Any disputes or differences of any nature whatsoever which may arise in connection with this contract shall be submitted to mediation prior to any legal action on the merits or in summary proceedings; It is understood that the prior mediation clause does not preclude requests for investigative or protective measures; Failing agreement, all disputes arising from the formation, performance or termination of the Contract shall be submitted to the Court of Pontoise, even in the event of summary proceedings, third-party proceedings or multiple defendants; Acceptances, drafts, money orders and carriage conditions do not novate or derogate from this clause;