GENERAL TERMS OF SALE
These General Terms of Sale govern relations between TRANSFERTPRESS, a company incorporated by the Registrar of Companies of Lille under No. 525152880, having its registered office at 1, rue Norbert Segard, 59223 Roncq, (“TRANSFERTPRESS”), its Customers as consumers and commercial customers (the “Customers”). Any order for products implies that the Customer unreservedly accepts and fully approves these general terms of sale, which shall prevail over any other document from the Customer, save in case of prior express consent from TRANSFERTPRESS as an exemption. The Customer expressly acknowledges that he/she is aware of our Terms of Sale, available on our Website: www.transfertpress.com
1. On-line order placement
1.1 Services and sale of Products
TRANSFERTPRESS offers online on its Website printing services (“Services”) and the sale of products (“Products) below, including, without limitation:
- Manufacturing of transfers for any textile materials (“Transfer”)
- Sale of patches
- Sale of presses
- Sale of consumables
- Sublimation printing
- Sale of plotters
- Sale of badges
- Sale of cartridges and printers
- Sale of compressors
- Sale in kit of various products referred to above in packaged form
Creation of Customer account
The Customer may only place orders on the Website provided that he/she first identified him/herself by logging in to his/her account.
In order to get his/her identification and thereby create his/her personal account, the Customer shall fill in a form provided to the Customer, in which he/she shall mention information required for his/her identification, including his/her surname/forename or corporate name, SIRET number, phone number, e-mail address, billing address and delivery address and the password which he/she chose.
In order to place an order on the Website, the Customer shall then identify him/herself, entering his/her email address and password. This step is mandatory.
The password is personal and confidential. Each customer is fully liable for the use and preservation of his/her password. Each Customer undertakes to exercise his/her best efforts to preserve the secrecy of his/her password and not disclose it to anyone.
Any involuntary loss or disclosure of information which may make it possible for a third party to become aware of a Customer’s password shall be immediately reported in writing to TRANSFERTPRESS.
On-line order placement process
Any order from the Customer will be deemed to imply the unreserved acceptance of the prices and description of Products and/or Services ordered.
Based on references available on the Website, the Customer will select Products which the Customer would like to buy by clicking on the “Order” button.
At all stages in the order placement process, the Customer may consult and change the content of his/her order by clicking on the “My basket” button.
To end and approve the order, after checking the list of items ordered and reading and accepting these GTS, the Customer shall enter the information required to pay.
Prices stated on the Website and at the time of payment will be mentioned exclusive of tax and inclusive of tax. The Customer will be charged money based on prices applicable at the time when the order was approved on the Website only, as finalised by the acceptance of his/her payment.
The commercial leaflet has not contractual value and will only be used for information purposes. The price applicable will be that shown on the Website when placing the Order. When placing the order, the Customer accepts that invoices will be provided electronically.
No discount will be granted.
Save as may be expressly agreed otherwise in writing, the price is payable in cash in full by the Customer when placing the order. The order will only be final after the price has been actually paid and payment will only be considered as final after monies due have actually been cashed in in full.
The following modes of payment are available:
• Credit card
Specific terms for customers making such request and subject to the consent of TRANSFERTPRESS:
• Truncated bill of exchange
For Customers benefitting from deferred payment terms following the order, it is specified that any late payment will result in the application of interest for late payment up to three (3) times the amount of the legal interest applicable, with no prior formal notice. Interest may be capitalized on an annual basis. In addition to such interest, the Customer will owe fixed compensation for collection costs of forty (40) Euros due as of right in compliance with the provisions of Section L.441-10, Commercial Law for commercial customers. This interest for late payment and fixed compensation for collection costs will become immediately payable. Any absence of payment may result in contract termination.
For foreign customers: if the VAT was paid by a foreign customer in connection with the Order under terms set out above, this foreign Customer may only request a credit note in this respect from TRANSFERTPRESS.
3. Transfer Customisation
With respect to Transfers, the Customer is responsible for stating all the specificities of the Transfer wanted.
The Customer will be responsible for ensuring that the order is in conformity by pre-viewing the model before the confirmation of his/her order.
When a file is provided by the Customer for printing, the Customer will be responsible for complying with the documentation provided on the Website for each type of Transfer, as well as technical requirements mentioned; they should be complied with for optimum Service quality.
Save as may be specifically provided otherwise in arrangements made with the Customer, TRANSFERTPRESS will handle orders on the basis of files furnished or transferred by the Customer.
In the case where a Customer may want to print a file that does not comply with technical specifications, TRANSFERTPRESS may not guarantee zero-defect printing.
The Customer will be fully liable for the integrity and accuracy of files transferred.
However, the Customer may ask TRANSFERTPRESS to inspect the file by selecting on the Website the option “file checking”; there is a charge for this service (the price is shown on the Website when the order is placed).
TRANSFERTPRESS is not answerable for colour rendition upon printing; as colours cannot be viewed accurately on a screen. The Customer will therefore admit the existence of minor defects, which will be invisible for a non-specialised user, such as chips, slight colour, intensity or cutting variations.
TRANSFERTPRESS also reserves the right of rejecting the order in cases where information and files provided by the Customer do not meet requirements for quality printing.
In such a case, the Customer will be given notice and may decide to ask TRANSFERTPRESS to make the Transfer anyway. It is then clearly specified that no guarantee may be given as to the result of printing made on the basis of files that do not comply with traditional printing standards and technical constraints stated on the Website.
The Customer is aware that the Transfer has a limited service life, which depends on hygrometry and storage conditions, and the customer is fully liable for this. In the case of non-compliant Transfers, the Customer may file a claim with TRANSFERTPRESS within no more than two months from the date of receipt of the Order in compliance with Section 6 hereof, provided that storage and hygrometry conditions required for the preservation of Transfers were met.
4. Title retention clause
TRANSFERTPRESS will retain title to orders until they have been actually paid in full. If they have not been actually paid in full when due, TRANSFERTPRESS will reserve the right of asking for the return of Products/Transfers to recover the right to use them and return costs will be payable by the Customer and payments already made to TRANSFERTPRESS will remain vested in TRANSFERTPRESS without prejudice to any damages which may be claimed. This clause will not prevent risks of loss or deterioration of Products/Transfers and any damage which they may cause from being transferred to the Customer upon delivery thereof.
Delivery time will be expressed in working days. Delivery time is for information only, save if the Customer selects rapid delivery for a specific price set upon order placement by TRANSFERTPRESS.
TRANSFERTPRESS may not be considered as responsible for late deliveries to the extent where they result from:
- An erroneous or incomplete address or
- Any issue related to the current order for which the customer is responsible (e.g., non-compliant files)
- Repeated absence of the Customer at delivery time
In a case of force majeure or any event making it difficult for TRANSFERTPRESS to handle the order within the timeline agreed upon, delivery time stated for information only will be extended until the event preventing the regular performance of the agreement has been solved. Current contracts or orders may be cancelled without compensation when a case of force majeure prevents the regular performance thereof.
Cases of force majeure will include, without limitation: any strike, lock-out strike, fire, epidemic, flood, bad weather, damage to equipment, riot, war, driving power shutdown, shortage in supply of energy, shortage in raw materials, increase in raw materials, late delivery from our suppliers or subcontractors, however partial, whatever the cause thereof. If a case of force majeure continues after four weeks, the order may be terminated, and the parties will not receive any compensation.
For commercial customers, our goods, even if they are sold FOB, will always be carried at the sole risk of the recipient (Section L 132-7, French commercial law).
Due to any damage which may occur during transportation, our customers shall inspect parcels upon the arrival thereof. It is understood that the user shall inspect the number, weight, packaging of products upon taking possession thereof. Based on Products/Transfers, shipment costs may be charged. Shipment costs will be stated on the Website upon Order placement.
Our Products and Transfers need be to inspected by Customers before they are used.
A picture of the order which gave rise to the claim should be taken by the Customer and transferred to TRANSFERTPRESS by email as evidence for the cause for rejection at the following address: firstname.lastname@example.org
The Customer shall provide all evidence as to the reality of defects or faults brought forward. The Customer shall allow any person from TRANSFERTPRESS or principal or expert from TRANSFERTPRESS to note such defects. The Customer will refrain from taking action him/herself or from having a third party take action for this purpose.
If this claim is reasonably grounded, TRANSFERTPRESS will offer its Customer to opt for:
• A new shipment of the same order, provided that all items are still available,
• Or a gift certificate in the form or a discount code to be entered at the end of the next basket
The Customer will be deemed to have taken possession of his/her order upon signing the delivery slip and after the carrier has handed over the parcel.
The cost and risk of return will be assumed by the Customer - save as may first be agreed otherwise in writing. No return will be accepted after eight days following delivery. If items are taken back, the credit note will be prepared after inspecting the quality and quantity of the returned order.
Any return or take-back of equipment should first be formally approved in writing. Failing such approval,
- The order will be left available to the buyer and will not result in the preparation of a credit note
- The order will be kept for one (1) month. After this period, and after giving the Customer notice by email, goods will be destroyed. If the Customer decides to send back the parcel, TRANSFERTPRESS will reserve the right to charge the Customer delivery costs.
8. Warranties of the Customer as consumer
As provided by the law, TRANSFERTPRESS reminds you that for any order for products placed on the Website, you will benefit from rules governing legal warranty, namely:
Legal conformity warranty
Article L211-4, French consumer code, “the seller shall deliver goods in compliance with the agreement and will be answerable for any lack of conformity which may exist upon delivery. The seller is also answerable for any lack of conformity resulting from the packaging, instructions for assembly or installation, when the agreement stipulates that the seller is responsible for such actions or when its liability is incurred in this respect.”
Article L.211-5, French Consumer code: “In order to be in compliance with the agreement, the product should:
1° be fit for the expected use of a similar product and, as the case may be:
- Match the description given by the seller and have the qualities which the seller presented to the buyer in a sample or model;
- have the qualities which a buyer may reasonably expect in view of the public declarations made by the seller, by the producer or its representative, including in advertising or labelling;
2° or have the specificities mutually defined by the parties or be specific to any special use sought by the buyer, notified to the seller, which the seller accepted.”
Article L. 211-7, French consumer code: “Any lack of conformity detected within twenty-four months from the date of delivery of the product will be assumed to exist at the moment of delivery, save as may be proven otherwise. For second-hand goods, the time mentioned in the first paragraph of this article will be brought down to six months. The seller may fight against this assumption if it is not compatible with the nature of the good or lack of conformity brought forward.”
Article L. 211-12, French consumer code: “Any action resulting from the lack of conformity will be barred by limitation two years from the date of delivery of the product.”
Article L. 211-9, French consumer code: “In the case of lack of conformity, the buyer will choose between repairing the product or getting a substitute product.
However, the seller is under no obligation of complying with the buyer’s choice if this option results in a cost that is clearly out of proportion in view of the other option, in consideration of the value of the good or extent of the defect. The seller shall then act according to the option that was not selected by the buyer, except if this is not possible.”
Legal warranty against latent defects:
Article 1641, French Civil Code: “The seller will be bound by the warranty for latent defects in the thing sold making it unfit for the intended use thereof or reducing such use so much that the buyer would not have bought it or would have paid a lesser price if the buyer had been aware thereof”.
Article 1644, French Civil Code: “In the case of Sections 1641 and 1643, the buyer may give the thing back and get a refund of the price or keep the thing and get a refund of part of the price.”
Article 1648, French Civil Code: “The action resulting from latent defects should be brought by the buyer within two years from the moment when the defect was detected.
In the case stipulated by Section 1642-1, the action should be brought in the year following the date when the seller may be relieved of apparent defects or lack of conformity, otherwise rights will lapse.”
In order to benefit from the legal conformity warranty or warranty against latent defects, please contact our Customer service at email@example.com, stating information relating to your order, payment and delivery. You are responsible for enclosing with your complaint the description of the problem met and pictures to illustrate this problem.
The warranty will not apply to Products that were modified, repaired, incorporated or added by or on behalf of the customer.
9. Warranty on machines
Machines sold by TRANSFERTPRESS are covered by the two-year manufacturer warranty for parts in connection with regular use, from the date of the Order.
TRANSFERTPRESS will guarantee to the Customer rapid processing of his/her request in the case of machine breakdown.
If a machine breaks down during the initial warranty period, the customer will be charged:
- Shipment costs for the machine from and to the site
- Any handling of and repairs on the machine
- Travel costs
- New packaging costs
The purchase of a machine does not include maintenance and repairs by TRANSFERTPRESS. All costs payable by the customer not included in the scope of the warranty covering parts will be subject to a quotation by TRANSFERTPRESS.
In order to be able to benefit from the warranty on machines, the Customer is asked to retain the purchase bill. Any claim should be sent by email to the after-sales department of TRANSFERTPRESS at firstname.lastname@example.org including the following items:
- Description of the problem
- Picture/video illustrating the problem
- Serial number of the machine
- Invoice number
- Valid delivery address in the case where parts should be sent to the customer’s site
Regarding the warranty covering parts, the Customer may receive free of charge spare parts and if the warranty does not apply, spare parts will be at the cost of the customer on the basis of a quotation.
The customer will be responsible for paying costs to send back defective parts to the manufacturer.
The Customer may ask for warranty extensions on machines payable on the day when the Order is placed and during the warranty period.
10. Limited liability
TRANSFERTPRESS may disclaim all or any part of its liability by demonstrating that either the consumer or a third party to the agreement causing an unpredictable act which may not be overcome or a case of force majeure is responsible for the non-performance or poor performance of the agreement.
TRANSFERTPRESS will be relieved of any liability for reasons beyond its reasonable control such as shortage in supplies, weather-related problem, accident or breakdown, typing error from the Customer. TRANSFERTPRESS may not be held liable for any indirect damage, including to the computer system or equipment, which may occur as a result of the purchase of products.
11. Intellectual property
The Customer will be solely liable for the content of Products to the extent where they were customized with items which the Customer provided.
The Customer states that he/she is under the obligation of holding all rights and licences required to insert into the printed Products which he/she may order: objects, images, trademarks, pictures, logos, drawings; and guarantees that these rights and licences are valid and that the use of Products is not and will not represent any violation of any third party’s rights and will not infringe upon any right, rule or legislation applicable.
The Customer will therefore indemnify and hold TRANSFERTPRESS harmless from and against any action and claim in consideration of these rights and undertakes to pay compensation to TRANSFERTPRESS for any effects as may result from any action brought by third parties that may consider themselves harmed as a result of the printing, and for any dissemination and in general use of Products ordered.
The Customer permits TRANSFERTPRESS to mention its name and corporate name, as well as its URL as reference for the commercial promotion of our Company.
The Customer may object to such action by sending an ordinary e-mail or letter to our Company.
13. Personal data
Information on the Customer (surname, first name, address, telephone…) requested by TRANSFERTPRESS when placing an order on the Website is needed for the proper delivery of its services and will be considered as confidential. These data may only be used:
– By TRANSFERTPRESS and its partners to ensure that orders are prepared and delivered smoothly
– To notify to the Customer TRANSFERTPRESS commercial offers and news, and the Customer may unsubscribe to stop receiving these emails at any time by clicking on the link shown at the bottom for that purpose
– To improve the Website in view of the behaviours of its users
– To determine commercial statistics, conduct market surveys
– To develop customer base development files and tests for new offers
– To comply with our legal and regulatory obligations
The Customer may exercise his/her right to get access to, correct or delete his/her data provided to TRANSFERTPRESS or object to the use of such data for commercial communications, in compliance with Law 78-17, 6 January 1978 as amended on “information technology, files and liberties” making such request by email at the following address: email@example.com.
If the Customer has not made any specific request to delete such data before, they will be preserved for no more than five years from the date of the last transaction made on the Website or last update of his/her Customer account. Failing any new transaction or update of his/her Customer account during this five-year period, his/her personal data will be automatically deleted.
14. Law applicable and disputes
These general terms of sale will be exclusively governed by and construed under the laws of France. If any disagreement arises with respect to an order, the Customer is advised to contact TRANSFERTPRESS to find a solution out of court, by email at: firstname.lastname@example.org
In compliance with the provisions of the French consumer protection code, with respect to “the process of mediation of consumption-related disputes” (Sections L.152-1 to L152-5, French Consumer code), a Customer is informed that he/she may use mediation services in any case and for any difference which may arise from the application of obligations binding upon the parties under the agreement, by contacting existing sector-based mediation authorities, or use any alternate dispute-settlement mode in the case of objection.
If the matter could not be settled out of court, French courts will have exclusive jurisdiction to settle disputes relating to orders placed on the Website.
For commercial customers
The Court of Lille only will have jurisdiction to settle any dispute which arose from the performance of this agreement.
15. Right of withdrawal for customers as consumers
As provided by Sections L 121-21 et seq. of the French consumer protection code, you are entitled to a withdrawal right for 14 days from the date of receipt of your order, with no cause, nor penalties. However, you will be responsible for return costs legally payable by you. The 14-day period will commence from the date of receipt of the product ordered by you or by a third party other than the carrier or in the case of an order for goods made up of batches or multiple parts for which delivery is staggered over a limited period, the period will commence as of the date of receipt of the last batch or last part.
In order to exercise your right of withdrawal, you are responsible for notifying your decision in a non-ambiguous way before the abovementioned 14-day period expires.
In order to exercise your withdrawal right, you are responsible for clearly giving TRANSFERTPRESS written notice using the email address: email@example.com or by post by registered mail return receipt requested stating your identity, order references and the product concerned.
In compliance with the law, the burden of proof for exercising the withdrawal right under conditions so stipulated falls on the consumer.
Exceptions to the withdrawal right
Customized Services/Transfers by TRANSFERTPRESS will not entitle the customer to the use of the withdrawal right.
Indeed, please note that as provided by Section L. 121-21-8, French consumer protection code, there are exceptions to the withdrawal right for, without limitation:
“1° Service agreements fully performed before the end of the withdrawal period and for which performance started after the express prior consent of the consumer and express waiver of his/her withdrawal right;
2° agreements for the provision of goods or services, the price of which depends on fluctuations in the financial markets beyond the control of the business-owner, and which may occur during the withdrawal period;
3° agreements for the provision of goods manufactured according to the specifications of the consumer, or significantly custom-made;
4° agreements for the supply of goods which may rapidly deteriorate or become outdated;
5° agreements for the supply of goods which were unsealed by the consumer subsequently to delivery and may not be sent back for hygiene or health reasons;
6° agreements for the supply of goods which, after being delivered and in view of their nature, are intrinsically mixed with other items”
Return of product following withdrawal
In order to simplify how returned goods are processed, please report them to the Customer service team by email at firstname.lastname@example.org to obtain a return number to be clearly shown on your parcel.
Upon giving notice of the exercise of your withdrawal right, you shall return the product to TRANSFERTPRESS without any excessive delay, not later than 14 days following the notification of your withdrawal decision. The returned product should be new, in its original package, with all accessories, instructions for use or documents coming with the product.
Products will be returned at your own cost, and your own liability will be incurred, so that any damage caused to products for which you request withdrawal may prevent the exercise of your right. Any items returned that may be incomplete, damaged, deteriorated will not be taken back and no refund will be paid. You may return the product through a carrier at your own cost, at the following address: 1, rue Norbert Segard, 59223 Roncq.
Refund following withdrawal
In compliance with the law, if you exercise your withdrawal right, TRANSFERTPRESS will pay back to you all monies which you paid (save for extra costs resulting from the fact that you chose, as the case may be, a delivery mode other than the least costly standard delivery mode which we suggest) within 14 days from the date of notification of your request.
However, TRANSFERTPRESS reserves the possibility, in compliance with the law, to postpone reimbursement until the product has been collected or until you have furnished proof of the shipment of the product and the date selected will be the first. Refund will be paid using the same payment mode as the one you used when you placed the order.
For the attention of TRANSFERTPRESS, 1, rue Norbert Segard, 59223 Roncq, to be contacted at email@example.com
I hereby notify to you my withdrawal from the agreement relating to the sale of good(s) [identify the good(s) with the description and reference] ordered on _____________________ and received on ________________________
Please note my contact details:
- Surname and forename – Address:
Signature for paper format
You have less than 15 minutes to receive the delivery within 24 hours