TERMS AND CONDITIONS
These terms and conditions are those of SAS FULL ACE and Full Ace Group, applicable in its contractual relationships with Buyers.
FULL ACE may modify these terms and conditions at any time. Any changes will take effect as soon as the modified version is communicated for any order placed after the online communication.
SAS FULL ACE is a company registered with the RCS of Bordeaux under the number 349 592 428, whose head office is at 16 rue Chanzy in MERIGNAC (33700) and whose intra-community VAT number is: FR07349 592 428.
ARTICLE 1 – OBJECT AND SCOPE
The purpose of these terms and conditions is to define the rights and obligations of the parties. They are addressed or delivered on request to each Buyer, and are also available on the FULL ACE website.
Any order to FULL ACE for products or services implies the Buyer's full acceptance and full adherence to these terms and conditions. They prevail over any other purchase document, unless express and prior agreement from FULL ACE.
Any document other than these terms and conditions, including catalogues, advertising, notices, has only an informative and indicative value.
ARTICLE 2 – ORDERS
Art 2.1 – Definition
An order corresponds to any order relating to and consented to FULL ACE's tariff products, any order relating to the services offered and accepted by FULL ACE, as well as any quote accepted by the Buyer. This acceptance will take the form of a signature on the quote or a written express agreement, including by email.
Products and services are described and presented as accurately as possible. However, if errors or omissions may have occurred with respect to this presentation, the seller could not be held responsible.
Photographs of the products are not contractual.
Art 2.2 – General terms
Any order is worth accepting prices and describing the products available for sale. Any dispute on this point will arise in the context of a possible exchange and the guarantees mentioned below.
Orders forwarded to FULL ACE are irrevocable to the Buyer, unless written acceptance of FULL ACE.
The Buyer has the need to verify the completeness and compliance of the information he provides during the order, whether it relates to products and/or services. The Buyer must verify the accuracy of the order and immediately report any errors. FULL ACE cannot be held responsible for any typing errors and their consequences.
FULL ACE is committed to honoring orders received only within the limits of available product inventory. In the absence of product availability, FULL ACE undertakes to inform the Buyer. FULL ACE cannot insure availability information from third-party suppliers.
Only orders accompanied by the payment of the corresponding deposit, will be taken into account, except special conditions.
Art 2.3 - Proof of the transaction
Computerized records, stored in FULL ACE's computer systems under reasonable security conditions, will be considered evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and sustainable medium.
Art 2.4 – Change/Cancellation
Any request to change the composition or volume of an order can only be considered by FULL ACE if the request is made in writing (including e-mail) and has reached FULL ACE, within 8 days after FULL ACE receives the original order. FULL ACE will never be obliged to accept a change. If accepted, this will have to be done in writing.
In the event of a request for modification or cancellation for any reason, excluding force majeure, in or outside the above deadlines but refused by FULL ACE, the full order price will be due by the Buyer. The deposit to the order will be acquired from FULL ACE, which the Buyer expressly accepts.
ARTICLE 3 – REFUSAL OF ORDER
If a Buyer places an order with FULL ACE without paying the previous order, FULL ACE may refuse to honour the order and deliver the products or carry out the service, without the Buyer being entitled to any compensation, for any reason.
FULL ACE may also block the Buyer's order in the event of an incorrect address, a problem with the Buyer's account until it is resolved, or if the accredited agencies refuse to pay by credit card.
FULL ACE has the right to refuse any visual sent by the Buyer deemed pornographic, pedophile, racist, anti-semitic.
ARTICLE 4 – QUANTITY
Due to the hazards of manufacturing, printing orders are accepted subject to tolerance 10% plus or less of the quantities ordered.
After execution, the invoicing will be established in accordance with the quantities actually delivered.
ARTICLE 5 – DELIVERIES
Art 5.1 Deadline
The time to deliver products or deliver services is only given for informational and indicative purposes.
FULL ACE tries to meet the specified delivery deadlines, except in cases of force majeure, or in circumstances beyond its control, such as strikes, freeze, fire, storm, flood, epidemic, supply difficulties, without this list being limited.
Delays in delivery may not result in any penalty or compensation, or cause a refusal of goods, cancellation of orders or an extension of payment deadlines.
However, a delivery may be cancelled after a notice to deliver within 15 days, notified by recommended letter remained ineffective. A notice may only be sent by the Buyer after a period of 7 days from the expiry of the delivery period indicated by FULL ACE.
Art 5.2 Transport
The transport of products is always carried out at the risk of the Buyer, unless a special written agreement signed by the Parties.
FULL ACE cannot be held responsible for any delay, damage, missing or loss occurring during the delay. Buyer will have to appeal against the carriers and, therefore, make all necessary protestations with the carriers.
Any product that has not been the subject of reservations with the carrier by recommended letter within three days of receipt it will be considered accepted by the Buyer, under to article L.133-3 of the Code of commerce.
A copy of this letter will be sent simultaneously to FULL ACE.
Art 5.3 Reception
The examination of products and services must be done as soon as they are received by the Buyer.
The unqualified receipt of products or services ordered by the Buyer covers any apparent defects.
Any protest will have to be confirmed by recommended letter, within 8 days of the delivery date.
ARTICLE 6 – LIMITATION OF RESPONSIBILITY
In all cases, the reparation is limited to direct damage, excluding any indirect damage such as, without being exhaustive, operating damage, loss of profit and any commercial damage.
FULL ACE cannot be held responsible for any differences in colour, framing, or sharpness between the visuals (products and photographs, text) visible on the site and the latter printed on media chosen by the Buyer. The Buyer therefore waives any complaint or claim against FULL ACE.
FULL ACE also disclaims any responsibility for the quality of the visuals that can be downloaded or sent by the Buyer. Sending such visuals is the responsibility of the Buyer.
In the case of a mailing of visuals (Chronopost, colissimo, simple mail), the Buyer will pay for the cost of sending these visuals. FULL ACE cannot be held responsible for any damage of any kind caused on these documents sent.
ARTICLE 7 – MARKING
The cost of marking depends on the type of printing used, the marked item and the quantity ordered. This cost consists in :
- fixed cliché fee,
- marking, tooling, drawing and composition costs.
The markings are standard, in print letter, or made from models or types provided by the Buyer. A quote will be drawn up, at the Buyer's request, for these types of markings.
Les marquages sont standards, en lettre d’imprimerie, ou effectués à partir de modèles ou typons fournis par l’Acheteur. Un devis sera établi, à la demande de l’Acheteur, concernant ces types de marquage.
Unless otherwise stipulated, the costs of markings are charged extra.
Slight variations in hue, appearance or positioning cannot in any way result in the refusal of acceptance of the order.
ARTICLE 8 – BON A TIRER
If the marking elements provided are too imprecise and/or the graphics need to be completely retouched, the creation fee will be charged on the basis of a lump sum that will be the subject of a quote to be validated by the Buyer.
Our company will only use models, samples, drawings, for which the word "Bon à tirer" will have been certified and accepted by the Buyer. The handing over of this certificate relieves FULL ACE of any responsibility for errors or omissions found after printing.
The pantone colour will be as close as possible, depending on the medium and the technique used.
The prototype will be billed to the Buyer in addition to the article 7 advertising marking fee.
ARTICLE 9 – CREATIONS/BRANDS
In accordance with the practices that govern the advertising professions and the laws on literary and artistic property, FULL ACE is the owner of the rights attached to its creations.
For any model, sample, drawing provided by the Buyer, he must guarantee to FULL ACE, prior to its use, that their reproduction cannot, under any circumstances, infringe the rights of a third party.
Therefore, the Buyer guarantees FULL ACE against any action that could be brought against him by any person who thinks he has any rights to assert on the models, samples, drawings, social denominations, trademarks, logos provided by the Buyer.
FULL ACE still owns all intellectual property rights on photographs, presentations, studies, designs, prototypes, etc., made (even at the Buyer's request) for the provision of services to the Buyer. The Buyer prohibits any reproduction or exploitation of these studies, designs, models and prototypes, etc., without the express, written and prior permission of FULL ACE which may condition it on a financial consideration.
ARTICLE 10 – SAMPLES AND PROTOTYPES
The Buyer can ask FULL ACE for a sample or prototype. FULL ACE will consider this application but will never be required to agree.
Sending a sample or prototype will always be billed. If FULL ACE accepts, a quote will be sent to the Buyer for validation before the prototype or sample is sent.
These prototypes or samples will not be subject to a return.
ARTICLE 11 – PRICE
Our prices are set by the current tariff or the proposal submitted on the day of the order for products or services. They are always agree tax-free, unwrapped products.
The additional shipping, packaging and insurance costs will be charged to the Buyer.
In addition, for deliveries outside metropolitan France, the Buyer undertakes to pay all taxes due on the importation of products, customs duties, value added tax, and any other taxes due under the laws of the country receiving the order. FULL ACE is free of all legal responsibilities if the payment of taxes was not made by the Buyer.
If one or more taxes or contributions, including environmental contributions, were to be created or modified, both up and down, this change could be passed on to the selling price of the products.
The prices mentioned in the tariffs are given as an indication and are subject to change, due to monetary changes, increases in raw materials.
Prices are calculated net, without discount, and payable on the date mentioned on the invoice.
Prices are valid for 15 days from the issue of the offer (quotes, catalogues, promo ...) unless otherwise stipulated.
ARTICLE 12 – PAYMENT METHODS
Art 12.1 Invoice Settlement
For any order, a 30% deposit may be requested when taking the said order.
The payment of the rest must be paid on receipt of invoice, except for special conditions.
Invoices are payable on the due date. Only the actual cash receipt of the amounts due will be considered to be worth full payment within the meaning of these terms and conditions.
Art 12.2 Penalties and forfeiture of the term
In the event of a complete non-payment of an invoice due to expire, after notice remained ineffective within 48 hours, FULL ACE has the right to suspend any delivery or any actual and/or future service.
Any unpaid amount at maturity will result in the Buyer paying penalties set at three times the legal interest rate. These penalties are due as of right.
In accordance with articles 441-6 and D. 441-5 of the Code of commerce, any delay in payment entails an obligation for the debtor to pay a lump sum payment of 40€, in addition to late penalties.
Additional compensation may be claimed, on evidence, if the recovering costs exposed are greater than the amount of the lump sum.
Any delay in settlement, not previously authorized by FULL ACE, will result in the closure of the Buyer's account and the immediate due date of all remaining amounts due, regardless of the intended settlement method.
In addition, FULL ACE may refer the matter to the competent court to stop this breach, subject to daily penalties per day of delay.
ARTICLE 13 – GUARANTEES
In accordance with the legal provisions, the professional buyer whose specialty is different from that of FULL ACE enjoys the legal guarantee of compliance and the legal guarantee against hidden defects aging material, design or manufacture affecting the products delivered and rendering them unfit for use.
FULL ACE's warranty is limited to the replacement or reimbursement of non-compliant or defected products.
These guarantees do not benefit professional buyers whose specialty is the same as that of FULL ACE, except bad faith of the latter.
In all cases, the Buyer is responsible for the preservation of the products and their use. Any warranty is excluded in case of misuse, negligence or failure to maintain on the part of the Buyer, such as in the case of normal wear of the purchased product, accident or force majeure.
ARTICLE 14 – COMPLAINT
Without prejudice to the provisions described in Article 5, and without prejudice to the conditions of application of the guarantees set out in the previous article, the Buyer shall, in order to assert his rights, under penalty of forfeiture of any action relating to it, inform FULL ACE, in writing by recommended letter, of the existence of any non-compliance or any hidden defect within a maximum of 8 days from of its discovery. After this time the order will be considered accepted by the Buyer.
FULL ACE will replace or refund defective products. Under no circumstances, the Buyer will be entitled to any compensation or the resolution of the order.
The Buyer will have to provide all the evidence as to the reality of the defects or missing ones found.
The Buyer undertakes to keep the portion of the products in accordance with his order.
The Buyer's claim under the terms and conditions described in this article does not suspend the payment of the products or services concerned.
No return can be made by the Buyer without the prior written consent of FULL ACE. Return costs will be borne by FULL ACE only if an apparent defect is actually found by FULL ACE or its agent. In this case, only the carrier chosen by FULL ACE is authorized to return the affected products.
ARTICLE 15 – PERSONAL DATA PROCESSING
Under Law of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the personal data requested from the Buyer is necessary to process his order and to makes the invoices.
This data can be shared with potential FULL ACE partners and subcontractors responsible for the execution, processing, management and payment of orders.
The processing of information provided through the website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with the national and european regulations, the Buyer has a permanent right of access, modification, rectication, opposition of portability and limitation of treatment to the information concerning it.
This right can be exercised via an email contact on the address rgpd@fullace.fr.
ARTICLE 16 – REMUNERATION FOR PRIVATE COPY
The links below relate to mandatory information about private copying compensation.
1/ Rates for Private Copy Compensation : https://www.copiefrance.fr/fr/professionnels/tarifs-applicables
2/ Official Notice of Information on Private Copying : http://www.copieprivee.culture.gouv.fr
3/ Refund/exemption of remuneration for professional use : https://www.copiefrance.fr/fr/professionnels/exoneration-et-remboursement
ARTICLE 17 – PROPERTY RESERVE
The transfer of ownership of products is suspended until the full payment of the price of these products, as principal and accessory, even in the event of payment time.
FULL ACE may use the rights it holds under this property reserve clause, for any of its claims, on all of products in the Buyer's possession, the latter being conventionally presumed to be unpaid ; and FULL ACE may take them back or claim them in compensation for all its unpaid invoices, without prejudice to its right to resolve outstanding sales. The takeover of the products of FULL ACE will be carried out at the expense of the Buyer who accepts it.
The Buyer will only be able to resell his unpaid products as part of the normal operation of his business, and may not in any way be able or to provide security on his unpaid inventory. In the event of a default, the Buyer will not resell its inventory up to the amount of unpaid products.
In the event of the opening of a judicial remedy or liquidation, the current orders will be automatically cancelled, and FULL ACE will have the right to claim the goods in stock.
This clause does not prevent the risks of the products from being transferred to the Buyer as soon as they are delivered.
ARTICLE 18 – WAIVER
FULL ACE's failure to avail itself at any given time of any of the clauses of these terms and conditions cannot be worth waiving the use of those same clauses at a later date.
ARTICLE 19 – DISPUTE RESOLUTION
The home election is done by our company at its head office.
Any dispute over the application of these terms and conditions of sale and their interpretation, their execution and the sales contracts concluded by FULL ACE, or the payment of the price will be subject to the exclusive jurisdiction of the TRIBUNAL DE COMMERCE DE BORDEAUX, regardless of the location of the order, delivery, payment method, and even in the event of a warranty appeal or in the case of a plurality of defendants.
Any dispute as listed above will be subject exclusively to French law.
Letters of exchange do not novation or derogation from this jurisdictional clause.
The attribution of jurisdiction is general and applies, whether it is a primary application, an incidental application, an action on the merits or a referral.
In addition, in the event of legal action or any other action in debt collection by our company, the costs of summons, court, as well as the fees of lawyer and bailiff, and all related costs will be borne by the offending Buyer, as well as the costs related or arising from the Partner's non-compliance with the terms of payment and delivery of the order under consideration.