GENERAL SALE TERMS & CONDITIONS
The present general sales terms & conditions apply exclusively to all goods and services offered on the website printmytransfer.com, owned by the SERIPRESS SAS, whose head office is established at 18 avenue of Romans, 38160 St Marcellin, France. Any activity performed by the SERIPRESS SAS via printmytransfer.com thus indicates that the customer has unconditionally accepted the present general sale terms and conditions.
2- On-line Order and image-processing tool.
The customer will have to follow a series of specific stages for every Product to be able to place his order on the printmytransfer.com site. However, the stages described below are systematic:
· Information about the essential characteristics of the Product;
· Choice of the Product, if necessary its options and the indication of the essential data of the Customer (identification, address);
· Download of the Datas ( digital graphic files)
· Analysis by himself of its Datas thanks to our online image-processing tool or choice of compliance option
· Acceptance of the present General sale Term & conditions
· Checking the elements of the order and, where necessary, correction of the errors. According to the French law, they are the object of a summary and a confirmation during the order validation.
· Follow-up of the instructions for the payment, and payment of the order.
· Delivery of products. The customer will receive confirmation by e-mail after the payment of the order, as well as an acknowledgement of receipt of the order confirming it. The delivery of the products will be made at the address indicated by the customer.
Prices for goods and services are those in effect on the day the order is accepted. They are expressed in Euros and do not include taxes.
Consequently, VAT, shipping fees, and any special fees related to the order (such as customs fees, local tariffs on exports, etc.) will be charged thereon as of the day the order is accepted.
The SERIPRESS SAS reserves the right to modify its prices at any time. However, it also agrees to bill products that have been ordered at the price given at the time the order was recorded.
Estimates made by the SERIPRESS SAS are valid two months from their date of issue.
4- Special promotional offers
Special promotional offers organized by the SERIPRESS SAS will be provided to the concerned customers and will be time-limited to the offers periods.
No discount will be granted for early payments.
6- Terms of payment
The payment of the orders is made prior to the manufacturing by credit card.
For any other condition of payment agreed with Seripress SAS, please refer to the conditions mentioned on the invoices (in case of payment by cheque, cheque must be made payable to SERIPRESS SAS.)
7- Late payment
In case of total or partial non-payment of the delivered goods on the day of the delivery, the customer shall pay to the company SERIPRESS a late fee equal to at least three times the legal interest rate.
The applicable legal interest rate is the one in effect on the day of the delivery of the goods.
This penalty is calculated on the amount inclusive of tax of the sum staying due, and runs from the payment deadline without preliminary formal notice of default.
In addition to late payment penalties, any sum, including the deposit, unpaid on date of payment deadline will produce automatically the payment of a fixed €40 penalty for collection fees. (Articles 441-6, I paragraph 12 and D. 441-5 of the French commercial law.)
8- Cancellation clause
In the event the customer has not settled remaining payment after a delay of fifteen days after the date of the implementation of the article no 7 "Late payment", the sale shall automatically be cancelled by rights without infringing the SERIPRESS SAS rights to compensation.
The SERIPRESS SAS company reserves the right of ownership for all goods until they have been fully paid for (including all related costs and expenses).
To that end, if the customer is subjected to statutory reorganisation or is liquidated by court order, the Seripress SAS reserves the right, as part of the collections procedure, to claim merchandise which has been sold but not yet paid for (either in whole or in part).
The delivery is made at the address indicated by the customer on the order form.
The shipping time indicated during the recording of the order is given only for information purposes, as an estimate, and is not guaranteed at all.
Consequently, if the order is not delivered on time, the customer may not cancel the sale, refuse delivery or claim damages, even if motivated by an extraordinarily late delivery.
The customer shall bear the full carriage risks until delivery.
In case of missing or damaged goods during the transport, the customer shall have to formulate all the necessary reserves on the order form on the day of receipt of the aforementioned goods. These reserves must be confirmed, besides, in writing by registered letter with acknowledgement of receipt, within three days of the delivery.
By placing an order together with the reproduction of elements which are protected by the Code of the industrial, intellectual, literary and artistic property, the CUSTOMER warranties that he possesses all the appropriate authorizations of exploitation of such elements downloaded to printmytransfer.com. The customer also guarantees that his Datas do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that he has all required rights or permissions necessary to incorporate third party material into his Datas.
And thus, Seripress SAS takes no responsibility about the reproduction rights of the originals which are uploaded to the printmytransfer.com website.
In case of legal actions, Seripress SAS could not support any expenses, fines, damages to which it could be condemned because of the absence of real right of reproduction of the ordered models.
Seripress SAS shall never be pursued for fraud by the customer or by a third applicant. As a consequence, the CUSTOMER shall be obliged to exempt Seripress SAS from such action that could be issued on this matter and of whatever nature.
12- Conformity of products – Claims
By using the on-line tool of printmytransfer.com, the customer will approve the electronic proof and “Final Preview”, further referred to as “proof”, and commits its full responsibility. The validation of a complete order is worth “proof”.
Seripress SAS cannot be held responsible for faults or errors which would have escaped the Customer during the composition and during the validation of his “proof”. The customer assumes thus completely the sole responsibility.
By choosing compliance option, the Customer authorizes Seripress SAS to modify, to copy or alter any of the uploaded datas for the purpose of fulfilling the order. The validation by the customer of "proof option " completed by Seripress SAS is worth acceptance of the modifications realized by Seripress, who could not be held responsible for possible or poor quality errors.
Seripress SAS will make its best efforts so that the digital representation of the Datas on the printmytransfer.com Website is the most faithful possible in the finished products. However, the proofs cannot be used for colour comparison, due to the nature that web pages display colours, as well as colours may appear differently on computer screens and Seripress will not accept any claims for colour related issues.
Any claim concerning the quality of the delivered products must be sent to Seripress SAS within 30 days upon receipt of goods. Any claim shall be made online, in the menu "CLAIMS" of the customer space "My account".
Seripress SAS shall not be held liable beyond the value of the orders, the customer shall verify that the delivered product (transfers) complies with the ordered products. Furthermore, as specified in the printing conditions inserted into every package of transfers, it is the responsibility of the customer to test and to adapt the recommendations of printing conditions according to articles intended to receive said transfers. Any claim of all kinds will be only taken into account if the traceability of the deliveries is known.
13- Force majeure
The Seripress SAS cannot be held liable in the event of non-performance of its obligations, or delays in performance that may result from force majeure (defined as any unforeseeable or unstoppable outside event in the sense of article 1148 of the French Civil Code).
14- Applicable law – Jurisdiction
The present general sales conditions are governed by the French law. The original French language text shall prevail over any translation.
For any dispute or litigation regarding the validity, interpretation, or fulfilment of the contract (found herein), both parties shall make their best efforts to settle out of court. If they do not, jurisdiction shall fall to the Tribunal de Commerce de Grenoble (Grenoble commercial courts).