Terms of Sales
Last update: 04/19/2019
Between the company ATOMPROD - 28 Chemin d’Ayroles 11290 Alairac - SIRET 448 346 106 00033, represented by Mrs. Marie-Laure Chalet, as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereafter the « Seller » or the « Society ».
On the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, hereafter, « the buyer », or « the customer » On the other hand, It has been stated and agreed as follows:
The contract is simply concluded between the seller and the buyer. The Seller is a publisher of products and services of personalized color plastic bags exclusively for consumers, marketed through its sites. Internet www.pochette-plastique-personnalisee.com. The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1 : Object
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of products offered by the Seller.
Article 2 : General Provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of products, made through the company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website as well as on the back of the quote given to the Buyer. The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox on the quote with the words "I declare that I have read and accepted the terms and general conditions of sale appearing on each side of the document. » as well as a signature zone to accept these T&Cs and the order described in the quote. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Price
The prices of the products sold are indicated in Euros excluding taxes and precisely determined on the estimate and invoice. They are also indicated in euros, all taxes included (VAT + any other taxes) on the estimate and invoice, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to find out about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer.
Article 4 : Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer at his request by return mail, on the estimate and the invoice. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order after validation of the estimate, the G.T.VC, the digital print proof (BAT) and payment following invoice. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the estimate and the invoice, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The warranty does not cover the situations described in article 11. Reimbursement may be requested as follows: Send a RAR letter to the Seller's address above mentioning "refund request" (indicate your customer code, invoice number, surname, first name, email, telephone, address, explanation of the problem encountered, etc.)
Article 5 : Conclusion of the online contract
The Customer must follow a series of specific steps to complete his order. However, the steps described below are systematic:
- Upon receipt of the signed estimate and your model, we create your production file
- We check your design and send you a proof to sign with the invoice
- Payment or proof of payment initiates production (one-off order)
- Manufacturing + delivery 3 weeks or less (After stage 3) – In certain circumstances (large order of more than 5000ex, heavy production load, polypropylene supply problem, carrier strike and other unforeseen events, etc.), manufacturing and delivery may take a few more days. This is why: for events, fairs... with a deadline, we advise you to order 4 or 5 weeks before to avoid unforeseen events. In general, an event or a fair is prepared well in advance.
For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 6 : Title Retention Clause
The products remain the property of the Company until full payment of the price.
Article 7 : Delivery terms
The products are delivered to the delivery address which was indicated during the order and according to the range of the time indicated. This time does not take into account the order preparation time. In the event of a delay in delivery (not attributable to a case of force majeure or a mechanical malfunction), in accordance with the legal provisions, the Customer may remind the seller with AR or in writing on another durable medium (for example an email for which an acknowledgment of receipt will be requested), giving it "a reasonable additional period". If this additional period is not respected, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “one-way” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered. The Seller also invites the Buyer to regularly consult the order tracking and to contact customer service for any questions or in the event of a problem.
Article 8 : Payment and deadlines
Payment is due immediately to start production of the order. The Customer can make payment by bank check or by bank transfer to the details appearing on the invoice. Payment terms can be negotiated for large quantities beyond 5000 copies or for the customer who orders a minimum of 1000 copies per month over at least three consecutive months. In the case of negotiation of payment terms, in particular for public services, the terms of payment (Law No. 2006-10 of 05/01/2006): services to be paid within a period not exceeding 30 days from the date of issuance of invoice. After this date, late payment interest will be calculated at the rate of 15.60% per year on the total amount including tax (Law n° 92.142 of 12/31/92 applicable on July 1, 1993). Fixed compensation of €40 will be due to the creditor from the 1st day of delay, which is systematically added to the penalties for delay in the event of collection of this invoice (art L.441-6 of the Civil Code).
Article 9 : Withdrawal deadlines
We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for our products and services which are clearly personalized and made according to the customer's specifications and which by their nature, cannot be re-marketed.
Article 10. Product Quality
The seller does his best to achieve a quality production, however, the prints being sometimes made in amalgam (grouping of several files on a board), the Customer accepts without reservation the technical constraints related to this type of printing. Unable to guarantee 100% chroma (particularly on flat tints), the Customer accepts that there are slight variations in color throughout a print run and benign anomalies that are invisible to the uninformed user and may have escaped the seller's supervision. Similarly, the seller cannot return a color, a rendering identical to the file viewed on screen or printed by the printer of the buyer or a third party. The rendering of a file on the screen can in no way be compared to the rendering after printing. In case of reprint, even from the same file, the print renderings may not be 100% identical with minor color variations. Having its own technical constraints and therefore a resulting specification, the seller is not required to provide work identical to that carried out by his colleagues. In order to avoid risks, the seller strongly recommends that the buyer respect the technical specifications, use its templates and, if necessary, opt for a file verification. In case of non-compliance with these recommendations, the responsibility of the seller would in no way be engaged. The seller cannot guarantee perfect similarity between the supports (paper, structures, polypropylene, etc.) from one order to another. In addition, polypropylene is a transparent and soft support. Its material cannot be 100% smooth for reasons of its surface structure. During its manufacture, handling and printing there will always be micro scratches. When you print a very dark solid on a large surface with a white supporting background and a glossy finish, you can see micro scratches under the raking light. The buyer will therefore admit on the entire print the presence of minor defects, invisible to the uninformed user, slight variations in color, intensity or cutting. In addition, the buyer waives the liability of the seller for warranty claims due to damage suffered by him or by third parties who have used, directly or indirectly, the work carried out by the seller. Similarly, the buyer cannot be held liable for any direct or indirect losses that the buyer or third parties may suffer as a result of the services performed.
Article 11 : Warranties
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products excluding article 10. The Seller exchanges the products which are apparently defective or which do not correspond to the order placed insofar as the Customer provides proof of the existence of the lack of conformity. The warranty does not cover the situations described in article 10. The Customer can also assert the warranty against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between cancellation of the sale or reduction of the sale price
(provisions of articles 1644 of the Civil Code). The warranty claim must be made as follows :
Send a RAR letter to the Seller's address above mentioning "Warranty" (indicate your customer code, invoice number, surname, first name, email, telephone, address, explanation of the problem encountered, etc.)
Article 12 : Complaints
If necessary, the Buyer may submit any complaint by contacting the company using the Seller's contact details above, mentioning "Complaints" (indicate your customer code, invoice number, surname, first name, email, telephone, address, explanation of the problem encountered…)
Article 13 : Intellectual property rights
Trademarks, domain names, texts, images, photos… or more generally any information subject to intellectual property rights are and remain the exclusive property of their authors. No assignment of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14 : Major Force
The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15 : Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 16 : Protection of Personal Data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact us by RAR letter at the Seller's address above, mentioning "Personal data protection".
Article 17 : Disclaimer
A clause limiting the Seller's liability for the performance of the service is stipulated at 5% of the amount of the order in euros excluding tax.
Article 18 : Applicable Right
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the buyer to obtain an amicable solution. Failing this, the buyer may initiate proceedings before the court of his choice.