Terms and conditions of sale
1. About us
L’Atelier Print & Press is a registered trademark of the group SASU JC-VERBANCK in partnership with SCO PRINT BE & CO whose registered office is at TOULOUSE (31100) 286 rue Henri Desbals, registered in the TOULOUSE Trade and Companies Register under number 891 929 580, Siret number 89192958000019, Intracommunity VAT number FR05891929580 represented (hereinafter the “Company”). The company markets the following goods to its customers via its website: business cards, luxury offset business cards, creative texture business cards, creative gloss business cards, letterpress business cards, metal business cards, duplex business cards, triplex business cards, invitations, correspondence cards.
2. Preamble
The company invites users to read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/UGU”) carefully. Placing an Order implies acceptance of the GCS/UGU. The characteristics of the goods are indicated on the website. It is the Customer’s responsibility to take these into account before making a purchase. The photographs and graphics presented on the website are not contractual. The customer acknowledges having read and accepted them by ticking the appropriate box before placing an online Order. The General Terms and Conditions of Sale govern the conditions under which the company sells its goods to its professional and consumer customers via its Internet Site. They apply to all sales made by the company and supersede any conflicting documents, in particular the Customer’s general terms and conditions of purchase. They are systematically communicated to any Customer who requests them. In the event of any subsequent amendment to the GCS/CGU, the Customer shall be subject to the version in force at the time of placing the Order.
3. Definitions
“Customer” refers to the professional or consumer who has placed an order for a product sold on the Internet site ;
“Order” refers to any order placed by the registered user of this Site;
“General Terms and Conditions of Sale and Use” or “GTC/UGU” refers to these general terms and conditions of use and online sales;
“Consumer” refers to the purchaser who is a natural person and who is not acting for professional purposes and/or outside his/her professional activity;
“Goods” refers to the material things that can be appropriated and that are offered for manufacture and sale on this Site;
“Professional” refers to the buyer, whether a legal entity or an individual, who is acting in the course of his or her professional activity;
“Site” refers to this Site, i.e. www.atelierprintandpress.com;
“Company” refers to the company SASU JC-VERBANCK, more fully described in article I hereof;
“User” refers to any person who uses the site.
“Reseller” refers to the buyer, whether a legal entity or a natural person, who acts in the context of his professional activity, selected by Atelier Print and Press to resell the products with commercial advantages;
4. Registration
Registration on the site is open to all legal entities or individuals who have reached the age of majority and are in full possession of their personality and legal capacity. Use of the site is subject to user registration. Registration is free of charge. To register, the User must fill in all the mandatory fields; otherwise registration cannot be completed. Users guarantee and declare on their honour that all the information communicated on the Site, in particular when registering, is accurate and true. They undertake to update their personal details on the page dedicated to this purpose and available in their account. All registered Users have an identifier and a password. These are strictly personal and confidential and may under no circumstances be communicated to third parties, failing which the registered User’s account will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. Under no circumstances will the Company be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible so that the latter can take the necessary measures and rectify the situation. Each User, whether a legal entity or an individual, may only hold one account on the Site. In the event of non-compliance with the GCS/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User. Deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site before the account is deleted will be carried out under normal conditions. In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GTC/GTC, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorisation of the Company.
5. Orders
Orders may only be placed once the User has registered on the Site. Once logged into their account, users can add goods to their virtual shopping basket. They can then access the summary of their virtual basket to confirm the goods they wish to order and complete their order by pressing the “Checkout” button. The Customer must enter a valid address, delivery method and payment method in order to finalise the order and effectively form the sales contract between the Customer and the Company. Completion of the order implies acceptance of the prices of the goods sold, as well as the delivery terms and times indicated on the Site. Once the order has been placed, the user will receive confirmation by e-mail. This confirmation will summarise the order as well as relevant delivery information. Placing an order constitutes the conclusion of a distance selling contract between the company and the customer. The company may allow the customer to benefit from price reductions, discounts and rebates depending on the number of goods available on the site ordered or depending on the regularity of orders, in accordance with the conditions set by the company.
6. Goods and prices
The goods covered by the GCS/GU are those which appear on the site and which are sold and dispatched directly by the company. The goods are described on the corresponding page within the site and mention is made of all their essential characteristics. Sales are subject to the company’s available stocks. The company cannot be held responsible for stock shortages, supply delays or the impossibility of selling a product for which there is no stock or no reference. When a registered user wishes to purchase goods sold by the company through the site, the price indicated on the product page corresponds to the price in euros, including all taxes (TTC), excluding delivery costs and taking into account applicable discounts in force on the day of the order. The price indicated does not include delivery costs, which will be detailed where applicable in the summary before the Order is placed. If the total cost of the goods cannot be calculated in advance, the company will send the customer a detailed quotation setting out the formula for calculating the price. In the event of a malfunction of the price calculator, the user will be informed after the order has been validated by one of the members of the company and will be invoiced a balance of payment or a credit note equal to the amount of the total that represents the difference in the order. For certain types of work, the company will draw up a specific estimate. In this case, the validity of the quotation will be limited to 30 days. Under no circumstances may the user demand the application of discounts that are no longer in force on the date of the Order.
7. Terms and conditions of payment
Unless otherwise stipulated, all sales are payable in cash at the time the Order is placed.
Payment may be made in cash in one of two ways:
- Credit card via a secure connection
- Paypal.
If payment is stopped, the company will require the debtor to pay the invoice corresponding to the order and an indemnity for collection costs. In the event of total or partial non-payment of the goods by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation chosen is the most recent on the date the services are ordered. In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional customer will automatically give rise to the payment of a fixed penalty of 40 euros due by way of recovery costs. In the event of total or partial non-payment of the goods by the date agreed on the invoice, the consumer customer shall pay the company a late payment penalty equal to the legal interest rate. No compensation may be made by the customer between penalties for late supply of goods ordered and sums owed by the customer to the company in respect of the purchase of goods offered on the site. The penalty owed by the customer, whether a professional consumer or reseller, is calculated on the amount (including tax) of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary. Depending on the nature or value of the order, the company remains free to require a deposit or payment of the full price when the order is placed or when the invoice is received.
8. Invoicing
An invoice is issued at the end of each order. Invoices are available and can be downloaded from the customer area of the company’s website. Any credit notes issued will be the subject of a separate document.
9. Delivery times
Delivery times are given purely as an indication and without guarantee. Any delay in the execution of orders shall not constitute grounds for cancellation of the order, refusal of the goods or entitlement to damages. Goods travel at the risk of the recipient, who is responsible for checking that the order is in good condition at the time of delivery. Depending on the value of the goods, the company will take out additional insurance with the carrier. This check must cover the quality, quantities and references of the goods, as well as their conformity with the order. Transport times are never guaranteed. Goods will be delivered to the address indicated by the customer and will be deemed to have been delivered when the order arrives at the customer’s address. Business cards or stationery may only be manufactured in the workshop if the customer is up to date with its obligations towards the seller and in particular if there is no delay in payment, including for orders other than the one to be delivered. Any delay due to the customer’s failure to provide the documents required and/or to accept the digital print order by the agreed date, or to the occurrence of force majeure, will justifiably lead to the application of additional deadlines.
10. Complaints
For all orders placed on this site, the customer, professional or retailer has the right to make a complaint within 48 hours of delivery of the goods. It is the customer’s responsibility to check the apparent condition of the goods on delivery. If no reservations are expressly made at the time of delivery, the goods are deemed to comply with the Order. To exercise this right of complaint, the Customer must send a letter with acknowledgement of receipt addressed to the carrier and to the company within a maximum of 48 hours, in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents (delivery note countersigned by the carrier, photographs, etc.). Under no circumstances may disputes with carriers justify non-payment of invoiced goods or a refund. In view of accepted industry practice and the technical constraints associated with production, our company is not obliged to deliver the exact quantity specified in the order. The customer must accept a tolerance of +/- 10% of the quantities specified. Complaints that do not comply with the above conditions cannot be accepted.
11. Consumer's right of withdrawal
The consumer has a right of withdrawal of 3 days from placing the order and before signing the print order, except for goods mentioned in Article L.221-28 of the Consumer Code. To exercise this right of withdrawal, the consumer must send a declaration of withdrawal by post with acknowledgement of receipt to 286 rue Henri desbals (31100) Toulouse. Goods must be returned in their original packaging and in perfect condition within 3 days of notification of withdrawal to the company by the consumer. The direct costs of returning the goods shall be borne by the consumer. The consumer will be reimbursed for all costs incurred in placing the order within 14 days of the company becoming aware of his/her declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase.
12. Transfer of risk and ownership
The company retains ownership of the goods sold until full payment of the price by the customer. It may therefore repossess the said goods in the event of non-payment. In this case, any deposits paid will be retained by the company as compensation. For business customers, the transfer of risks to the customer takes place as soon as the goods are handed over to the carrier by the company. For consumer customers, the transfer of risks takes place on delivery or when the goods are collected from the graphics studio if the customer has chosen on-site delivery. The company retains the rights of publicity or exhibition ad vitam æternam on the products, compositions that it may have supplied to the customer or reseller, however, the information may be partially hidden so as not to communicate contact details (e.g. business card) or sensitive information (telephone, email).
13. Changes
The company reserves the right to modify the site, the GTC/GTC as well as any delivery procedure or any other component of the services provided by the company via this site. When an order is placed, the user is subject to the stipulations set out in the GCS/GUU in force at the time the order is placed.
14. Processing of personal data
Registration on the site entails the processing of the customer’s personal data. If the customer refuses the processing of his/her data, he/she is asked to refrain from using the site. This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016. In addition, in accordance with the French Data Protection Act of 6 January 1978, customers have the right to question, access, rectify, modify and oppose all their personal data at any time by writing, by post and providing proof of their identity, to the following address: contactatelierprintandpress.com. This personal data is required to process the Customer’s Order and to draw up invoices where applicable, as well as to improve the functionality of the Site.
15. Sharing of collected data
The Site may use third-party companies to carry out certain operations. By browsing the site, customers accept that third-party companies may have access to their data to enable the site to function properly. These third-party companies only have access to the data collected in order to carry out a specific task. The site remains responsible for the processing of this data. Users may also receive information or commercial offers from the company or its partners. The user may at any time object to receiving these commercial offers by writing to the company address given above, or by clicking on the link provided for this purpose in the e-mails received. In addition, customer information may be passed on to third parties without the customer’s express prior consent for the following purposes:
- To comply with the law
- Protect any person from serious bodily harm or death
- To combat fraud or attacks on the Company or its users
- To protect the Company’s property rights.
16. Data protection
The Company ensures an appropriate level of security proportionate to the risks involved and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016. However, these measures in no way constitute a guarantee and do not commit the company to an obligation of result regarding data security. Pursuant to the French Data Protection Act, customers may access information concerning them, request that it be rectified or demand that they no longer appear in our database. Users registered on the site authorise the company to publish their details on the goods and to display them as production models or samples. At any time and on simple request, the user may ask to hide information such as telephone number or e-mail address.
17. Cookies
To enable its users to benefit from optimal browsing of the site and improved operation of the various interfaces and applications, the company may place a cookie on the user’s computer. This cookie is used to store information relating to browsing on the Site, as well as any data entered by users (in particular searches, login, email, password). The user expressly authorises the company to place a “cookie” file on the user’s hard drive. The user has the option of blocking, modifying the storage period or deleting this cookie via their browser interface. If the systematic deactivation of cookies on the user’s browser prevents him/her from using certain services or features of the site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
18. Liability & RGPD
The company may not under any circumstances be held liable for the unavailability, whether temporary or permanent, of the website and although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the company reserves the right, on a voluntary basis, to make the site unavailable in order to carry out any updating, improvement or maintenance operation. The customer or user accepts that the data transmitted at the time of his/her request may be used for the purposes of commercial relations. The customer accepts that his/her details may be passed on to the carrier or to any other party that may be required to perform the contract. The customer is informed that the confidentiality policy is available and detailed on the company’s website. As previously mentioned herein, the company cannot under any circumstances be held responsible for delays in delivery for reasons that are beyond its control, independent of its will, unforeseeable and irresistible or for which it cannot be held responsible.
19. Intellectual property rights
The brand, logo and graphic charter of this site are trademarks registered with the INPI and are intellectual works protected by copyright, belonging exclusively to the Company. Any dissemination, use, representation or reproduction, whether in whole or in part, without the express authorisation of the Company, will be liable to civil and criminal prosecution. All images, photographs and texts presented on the Company’s website are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly forbidden. Resellers may be authorised to use photographs after receiving written authorisation from the company. When the customer places an order on the site, the design printed by the company may be used for demonstration purposes with anonymisation of information such as e-mail address or telephone number. The customer or reseller may request that the design printed by the company does not appear on the site before the order is placed, resulting in a price update.
20. Jurisdiction clause
The law governing the GCS/GUU is French law. Any dispute that may arise between the company and a user during the performance of these terms and conditions will be subject to an attempt at amicable resolution. Failing this, in the event of a dispute concerning the performance of work or these general terms and conditions of sale, the Commercial Court of Toulouse shall have sole jurisdiction, even in the event of multiple defendants or forced intervention.
21. Files and print orders
The customer or user is presumed to be the owner of the reproduction rights to the documents, images, logos, fonts, benefiting from the laws on intellectual property, which he entrusts to the Company for printing. He/she assumes full responsibility for any prejudice that may be claimed by a third party. The printing order releases the Company from any liability. The company undertakes to read the proof bearing the name “ready for press” carefully, without thereby rendering itself liable for any errors or mistakes that may have escaped the client or user. The customer or user acknowledges that he/she has been informed that page layout software never guarantees total restitution of the file appearing on the screen.
The computer files required to design the goods must be supplied by the customer. They must comply strictly with our technical guide, and in particular with the provisions of our technical sections. The graphic designer or project manager will inform the user if one or more elements of his files do not comply with the requirements for the creation of the visual before the print approval. An additional cost may be added to the order in the form of an outstanding payment. However, this can only be reimbursed if the customer informs the company by post with acknowledgement of receipt. The company reserves the right to invoice for graphic work in the event that the customer or user makes changes to the graphic mock-ups that are not part of the package ordered before the order was placed.
In the event that the customer or user of the site does not select the correct options prior to ordering, the company reserves the right to invoice the options in addition to the order after informing the customer or user by telephone or e-mail. As our design and printing work is mainly carried out in batches, the customer or site user accepts without reservation the technical constraints associated with this type of printing, i.e. a finishing tolerance of +/- 2 mm, variations in colour and paper density. In the event of a second order, the customer or user, even with identical files and an identical paper reference, the order cannot be completely identical.
22. Acceptance of the GTC/GTC
The customer or user expressly accepts the GCS/GUU. The customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms and conditions of purchase. The consumer acknowledges that he/she has been informed of the information and details specified in articles L.111-1 to L.111-7 of the French Consumer Code, and in particular :
- The essential characteristics of the goods;
- The price of the Goods;
- The date or deadline by which the Company undertakes to provide the Service;
- Information relating to the identity of the Company (postal, telephone and electronic contact details);
- Information relating to legal and contractual guarantees and how they apply;
- Information relating to the right of withdrawal (deadline, procedures for exercising this right).
