SITE RÉSERVÉ AUX PROFESSIONNELS DE LA COMMUNICATION PAR L’OBJET hello@eurofacto.com / 01 84 20 05 68
General Terms and Conditions of Sale
The purpose of these General Terms and Conditions of Sale (hereinafter "the T&Cs") is to define the conditions under which the company Eurofacto SASU, with a capital of €30,000 and registered with the RCS of Nanterre under number 904786381, whose registered office is located at 84 rue Crevel Duval 92500 Rueil-Malmaison, France (hereinafter “the Seller”) sells and delivers to its professional customers (hereinafter “the Customer”) advertising items specially designed for them (hereinafter the “Products”). "). The Seller and the Customer together form the Parties.
Any order, whether sent by email, computer file or correspondence, implies the Customer's acceptance of the T&Cs. Telephone orders are not accepted. Our T&Cs are available on our website https://www.eurofacto.com, the Customer cannot claim not to have had these presents at his disposal.
As a result, any other clause or condition to the contrary that may appear on the orders or printed matter of the Customer or his representative is null and void and therefore cannot be opposed to the Seller if he has not formally accepted it.
The sales contract is deemed to be definitively concluded between the Parties when the Customer places an order by accepting the Seller's quote, returning it to the Seller, dated and signed with the handwritten mention "good for agreement". This quote stipulates the specific conditions of the sale, in particular the references, quantities, prices, deadlines and place of delivery of the Products. These special conditions form, with the T&Cs, the sales contract between the Parties. Acceptance of the quote implies express and unreserved acceptance of the T&Cs of which the Customer acknowledges having read. All quotes are valid for a period of one month, after which the Seller will be free to withdraw or modify his offer. All orders are considered firm and final. No order modification or cancellation will be possible without the Seller's prior written consent.
Any order less than €300 ex-VAT may be subject to the application, at the Seller's discretion, of a fixed management fee of €30 ex-VAT in addition to the overall selling price of the order.
Our quotations for Products are subject to stock or materials being available. In this context, indications on the availability of the Products are provided at the time of placing the Customer's order. In case of unavailability of these after ordering, the Seller will inform the Customer as soon as possible. The latter may then request the cancellation or exchange of his order. Orders, after acceptance by the Seller, are launched in printing or manufacturing only after the signature of the estimate and the sending of the order acknowledgement, the acceptance of the proof by the Customer and the receipt of his possible deposit according to the payment terms of article 14 of these T&Cs. Delivery times are indicated in working days.
All the prices indicated on the website www.eurofacto.com are purely indicative and subject to confirmation by the establishment of a quote in good and due form by the Seller. The unit price appearing on the offer transmitted by the Seller is indicated excluding VAT. This will be increased on the invoice by the VAT in force on the invoice date. For deliveries outside French territory, the provisions of the general tax code relating to VAT are applicable. It is up to the Customer to send us, if applicable, his VAT identification number for member countries of the European Union.
In the event of delivery outside the European Union, the Customer may be subject to import duties and taxes which are collected when the package arrives at its destination. Any resulting additional customs clearance costs are the responsibility of the Customer, the Seller having no control over these. In addition, when the Customer places an order with the Seller, the latter is considered the importer of record and must then respect all the laws and regulations of the country in which he receives the products.
The sale price of transport is defined according to the origin of the Products, the terms (volume, weight, deadlines, special instructions, tailgate, floor, access conditions, etc.) and the place of delivery (multisite, mode of transport, specific geographical location…). The goods travel in all cases at the risk and peril of the carrier, the Seller's liability cannot therefore in any case be sought for destruction, damage, loss, theft occurring during transport.
Delivery times are given as an indication and without commitment for each order, they depend in particular on the availability of carriers. A delay in delivery cannot justify a cancellation of the order, nor the refusal of the goods. Any delay in delivery will not engage the responsibility of the Seller and will not give rise to rights to penalties or discounts. The Seller is automatically released from any commitment relating to deadlines in the event of technical hazards, failure of suppliers or carriers, out of stock, force majeure, fortuitous event, inaccuracy or lack of information provided by the customer, lack of payment or incomplete payment, delays related to customs formalities. The transport included in the Seller's quotes, unless otherwise specified, is only for a single delivery point, and in mainland France.
Receipt of the products: without prejudice to the provisions to be made regarding the carrier, in application of article L 133-3 of the Commercial Code, any reservation on delivery and any refusal on delivery of the products by the Customer for Damage, shortages and non-compliance of the products delivered with the dispatch note must be made in writing and precisely on the delivery note, as well as on the transport note. It is up to the Customer to provide any justification as to the reality of the anomalies observed. A detailed complaint must therefore be sent to the Seller by registered mail with acknowledgment of receipt, within a period not exceeding 6 working days following delivery. The receipt without reservation of the products ordered covers any visible or missing defect.
Direct delivery from the Seller to the advertiser: as part of this service, the Customer mandates the Seller to deliver to his own customer (commonly called "end customer") in his name and on his behalf the products ordered. The order form drawn up by the Customer must specify the contact details of the end customer. This service is only provided if the "end customer" is a professional who can receive the products on working days and hours. The Seller cannot be held responsible for the non-compliance of the delivery with the order placed by the end customer, if this delivery complies with the order placed by the Customer with the Seller.
No product return will be accepted without the express and prior agreement of the Seller, who must be informed of the return claim within a maximum period of 6 working days from delivery. The Customer must provide the following information: the number of the delivery note or invoice, the product reference and the quantity, the exact reason for the request and a photocopy of the delivery note. No returns will be accepted after a period of 8 days from the date of the Seller's agreement. Unless otherwise agreed, the costs and risks inherent in the return are the responsibility of the Customer. When the products are returned without the Seller's express agreement, they will not give rise to a refund or replacement of the products.
Article L121-16-1 of the Consumer Code extends the rules applicable to relations between consumers and professionals, to contracts concluded off-premises between two professionals when the subject of these contracts does not fall within the scope of the main activity of the professional solicited and that the number of employees employed by the latter is less than or equal to five. When all three conditions are met, the professional customer can withdraw within 14 days of delivery in accordance with the right of withdrawal of "individual" consumers.
Le Vendeur s’engage à respecter la quantité de Produits commandée par le Client. Toutefois, et compte tenu des spécifications techniques inhérentes à certaines catégories de Produits, il est admis que chaque commande peut faire l’objet d’une marge d’erreur quantitative de plus ou moins 5 %, et ce sans que le Client ne puisse élever à ce titre une réclamation, ni obtenir une minoration de la facturation, ni revendiquer l’obtention d’une indemnité quelconque.
The transfer of ownership of the goods delivered to the Customer will only take place after full payment of the price, even in the event of the granting of payment terms. Any clause to the contrary is deemed unwritten. The Customer undertakes personally with regard to the Seller not to dispose by any means whatsoever, neither in full ownership, nor by constitution of pledge, of the equipment purchased, before payment. However, although still not the owner until full payment of the price, the Customer declares to assume, from the delivery which constitutes him guardian, the risks whatever they are, and therefore remain responsible for any damage that may occur to the equipment, even by fortuitous event or force majeure. In the event of non-payment, even partial, of one of its invoices, the Seller may thus claim full ownership of the Products, whether or not they have already been delivered to the Customer.
Le Vendeur s’engage à ne proposer ses Produits qu’à une clientèle composée de professionnels. Aussi, toute première commande doit être accompagnée d’un extrait K-Bis de moins de 3 mois du Client. Sauf accord préalable, les conditions de règlement pour la première commande sont au comptant pour 100% du montant, taxes et redevances incluses.
Payments must be made by cheque, wire transfer or credit card. Late payment penalties at the rate of three times the legal interest rate are due in the absence of payment on the day following the payment date which appears on the invoice, without this clause excluding additional damages. Any late payment entails the payment of a lump sum compensation for recovery costs of €40 without ruling out the possibility of applying additional compensation. The Customer may never, on the grounds of a complaint, withhold all or part of the sums due, nor set off. Any total or partial delay in payment from a due date to its term may result in the immediate suspension of deliveries and orders.
The Products offered by the Seller may be subject to personalization by marking. Slight variations in color, appearance or positioning can in no way lead to the refusal of acceptance of the order. The marking costs are indicated to the Customer during the price proposals and on the order confirmation. Marking being subject to specific technical constraints, a proof for printing (hereinafter the "Proof") is subject to validation by the Customer before any marking operation. The Pantone standard is required for direct colors and can express variations in the result depending on the marking technique used, the material and color of the support, the marking surface, etc. The marking deadlines run after the acceptance of the proof by the Customer and the delivery or creation of the files necessary for the marking.
The default Proof takes an electronic form. Acceptance of the Proof fully engages the Customer's responsibility: if a modification, whatever it may be, has not been requested before production begins (font, colors, Pantone, position, quantity, marking technique, logos, dimension of marking, aspect of marking or other), the Seller cannot be held liable under any circumstances. Any order canceled by the Customer after the creation of the digital proof has been launched may be subject to a cancellation fee of a fixed amount of €50 excluding tax, for graphic processing costs. In the case of a physical proof, the compensation is increased to the level of the actual production costs.
Seller is not required to provide a physical proof of printed products, prior to manufacture of such products, unless agreed to in writing prior to placing the order. If this is the case, the expected delivery time only runs from the date of written acceptance by the Customer of this physical proof.
Even after the realization of such a prototype, slight differences may remain at the level of the final production, in particular in terms of shades of colors, logos and dimensions, positioning, and will not be considered as a breach on the part of the Seller. .
Any sample ordered will be invoiced at a specific rate including shipping costs. Samples cannot be taken back or exchanged.
Products offered by the Seller are guaranteed against hidden defects. In the event of a defect found, any claim made in this respect must be presented within 14 days of delivery of the order to the Seller, accompanied by supporting documents. The Seller guarantees the repair or replacement free of charge and identical or equivalent of the Products affected by a hidden defect. The Seller will not be required to compensate the Customer for consequential damages resulting from a latent defect or any other defect.
A defect resulting from abnormal use of the Products excludes any warranty. The same applies to damage caused by natural wear and tear or lack of maintenance.
In the event of a breach of its payment obligations by the Customer, and unless the Seller requests the full execution of the sale, the latter reserves the right to terminate the sale after formal notice, remained without effect within 48 hours, and to claim the delivered goods, the return costs remaining the responsibility of the Customer and the payments made being acquired for the benefit of the Seller as a penalty clause, without prejudice to any damages and interests that could assert against the customer.
In accordance with the practices that govern the advertising professions and the laws on literary and artistic property, the Seller is the sole owner of the rights attached to his creations.
To design the Products, the Seller is likely to use graphic representations to identify the Customer (brand, logo, drawing, slogan, etc.). By accepting the quote and choosing one or other of the models that the Seller submits to him, the Customer declares to be the holder of all the graphic elements brought to the Product. As such, the Customer guarantees fully and without limitation, in particular of amount or duration, the Seller of any recourse which would be, without this list being exhaustive, based on an infringement or unfair competition. Under no circumstances can the Seller be held responsible for the fraudulent use of the graphic elements affixed to the Products. Ownership of the Seller's creations: the studies, samples, designs and documents of any kind given or sent to the Customer by the Seller remain the sole property of the latter, who may, therefore, request their return. The Seller retains all of its possible intellectual property rights on these elements as well as on the Products, which cannot, if they are the subject of protection, be reproduced without its express written authorization.
The data collected during exchanges between the Customer and the Seller make it possible to carry out operations relating to the management of quotes, orders, unpaid bills and litigation, the development of commercial statistics, prospecting, the management of opinions. The legal bases of this data processing are respectively the execution of the contract, the legitimate interest, the consent. The recipients are the services of the Seller, its subcontractors, the authorities and legal assistants legally authorized to receive communication. The data is kept for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable in commercial matters.
In accordance with Law 78-17 of January 6, 1978 amended by Law 2014-344 of March 17, 2014, known as Data Processing and Liberties, and European Regulation 2016/679 of April 27, 2016, the Customer has a right of access , rectification and deletion of its data. He may also object, for a legitimate reason, to the use of his data. If he wishes to exercise these rights, he must send an e-mail to the address hello@eurofacto.com or by post at the address EUROFACTO - 84 rue Crevel Duval - 92500 Rueil-Malmaison, attaching a copy of his proof of identity.
More information on the application of the GDPR is publicly accessible on the Seller's website at www.eurofacto.com/confidentialite
Le fait dûment justifié par le Vendeur de ne pas pouvoir livrer, par suite de force majeure ou de retard non prévu dans la livraison des matières premières ou de la livraison défectueuse de ses fournisseurs, remet en cause le contrat de vente. Dans cette hypothèse, le Client ne peut exiger du vendeur ni la livraison de la commande à la date prévue, ni indemnité de quelle que nature que ce soit. Sont considérés par la législation française comme cas de force majeure : l’incendie, l’inondation ou tout autre accident ayant causé la destruction complète ou partielle de l’entreprise (du fabricant, du sous-traitant ou du fournisseur), de ses stocks ou approvisionnements, ou l’arrêt de son exploitation ; la grève et le lock-out, sans qu’il n’y ait besoin de rechercher par le fait de qui, patrons ou ouvriers, le mouvement a pris naissance ; le manque de force motrice ou de matières premières résultant d’une cause d’ordre général, telle que l’arrêt des transports, l’interruption du courant électrique, les bris de moteurs ; toute avarie durant le transport maritime, aérien ou routier ; tout retard dans le transport dû à des conditions climatiques défavorables ou impraticables ; toute autre cause suspendant le travail sur la chaîne de réalisation de la commande (épidémie, guerre…), en quelque lieu qu’elle intervienne et sans qu’elle résulte de la volonté du vendeur.
The facts referred to in the preceding paragraph are also assimilated to cases of force majeure, when they occur either at the supplier of the raw materials essential to the manufacture of the goods ordered, or in any other establishment on which the performance of the contract depends or of the order, the proof having to be made, in these two cases, that the company concerned was really stopped by the facts in question.
In the event of a dispute, the Parties undertake, before any legal action and except in an emergency or risk of limitation, to do everything possible to try to resolve the latter amicably. In the event of failure of amicable discussions, any dispute relating to the conditions of training or the performance of the contract will be exclusively governed by the provisions of French laws and regulations. The Commercial Court of Nanterre has sole jurisdiction in the event of a claim or dispute relating to the interpretation or execution of these GCS governing the contractual relationship between the Customer and the Seller.