1. Application
These terms & conditions of trade concern all orders placed by the purchaser (underneath  mentioned as "the purchaser") on the website at the URL address  of the company SARL Merca (underneath mentioned as "the seller"), editor of the website .
Every order placed through agency of the website implies full acceptance, without any reserve from the purchaser, of these terms & conditions of trade.
The seller is not committed by any kind of declaration or indication not written on his website, nor by any stipulation non-expressly accepted by him.
  1. Orders
The orders are notified to the seller directly on the present website, or by letter, bill of order, fax, e-mail or telephone (a written confirmation of order is imperative) and have to be accompanied  by the complete amount VAT included. If not  the order will not be registered.
  1. Remittance of the work
The seller reserves the right to refuse any order which doesn't meet the print quality requirement. Only the seller is empowered to judge the admissibility of an order. A refused order does not open any kind of right  towards the purchaser. The work sent by the purchaser (file, floppy disk ...) are not returned whatever the result of the order.
  1. Methods of payment
The payment covers the price of the order VAT incl. Which means the price in use  the day of reception of order which figures on the present website, to which VAT is added is applied the day of billing. The payment will be carried out after acceptation of the final corrected proof shown to the purchaser on the present website. The payment can be made by cheque or by secured payment on line by credit card. Any other kind of payment will not be accepted. The payment is established in Euros. The amount will be indicated on the final corrected proof. Every lack of payment or partial payment within 1 month from the day of the initial order leads to its cancellation. In this case Merca SARL will be released of all obligations towards the purchaser and Merca SARL will not grant any kind of indemnity to the purchaser. The amount paid by the purchaser is not a deposit and opens no right for a discount.
  1. Author's copyright
The copyrights of computer files, objects, images, logotypes or drawings, created by the purchaser will always belong and remain his and will not be transferred in any case.
The purchaser expressly declares  that he owns all necessary rights and authorisations for the execution of his work. In particular the purchaser declares that the content of his business card won't break any kind of current  law or current rights. Also the work may not contain any kind of imputation or slanderous/prejudicial allusions towards a third party. The purchaser guarantees and engages himself to indemnify the seller of all kind of consequences of appeal of any kind of person or entity who esteems to be damaged by the spreading of businesscards executed by one of his orders. The purchaser declares to be entitled of all reproduction rights of different elements component to the businesscard in such a way that the seller never can be prosecuted for any cause. The seller reserves the right to refuse any kind of businesscard at any time if this card  presents a character contrary to accepted standards of good behaviour and Public Order or not conformed  with current regulations. This kind of refusal is not a breach of order by the seller. In this case the purchaser won't be entitled to any kind of prejudice.
The purchaser declares tacitly owning all necessary reproduction rights in case an order contains a reproduction of floppy disk, object, image, picture, logotype or drawings benefiting any kind of right. The same applies for image rights. The files, films and equipment cannot be transferred and remain the property of the seller even if a part or the total costs have been paid by the purchaser.
  1. Execution
The exact reproduction of the ordered printed colours are not contractual because the reproduction is subject to variations due to  visualization and printed procedures and the nature of the medium of printing. The order is passed based on a computer graphic file of which the reproductions of colours vary along with a visualization screen and printing devices. It is impossible for the seller to reproduce the exact shade of colours of the conception screen of the purchaser from which the seller has no knowledge. The seller only commits to respect the colours of the graphic file such as his production line  renders.
Despite accurate quality checks, it is possible that minor drawbacks such as dots, small colour variations, intensity or cutting may occur during the production process. The purchaser  admits this fact. In case the responsibility of the seller is engaged, the amount can never exceed the value of the sold product.
  1. Delivery

The delivery will be sent to the address indicated by the purchaser. The delivery  means that the risks  are transferred to the purchaser. The seller refuses to accept  responsibility of the merchandise, even if the merchandise is sent carriage paid. The risks are for the purchaser. On receipt of the merchandise the purchaser has to check the compliancy of the parcel, the shipment note, to check the weight at the reception of the parcel. Missing parts and eventual reserves about the timeliness of the parcel have to be communicated  to the carrier  immediately  by registered post.  Only the carrier is responsible unless proved the contrary.

  1. Terms of delivery
The delivery time is that indicated on the final corrected proof which has been approved by the purchaser on the seller's website. The delay will start after full payment of the amount VAT included. The delay includes the postal delay which can vary depending on the country. 3  working days for the United Kingdom , 6 working days for the U.S.A. The seller engages himself to deposit the parcel at least 3 working days before expiration of the contractual delay. The seller cannot be considered responsible if the delay exceeds the one mentioned above.
The seller is released of all responsibility in the following cases:
omission, inaccuracy of the information given by the purchaser, non payment or incomplete payment which accompanies the final corrected proof, technical hazards, exhaustion of stock, default of the seller's  supplier or carrier, postal strike,  force and coincidences.
In case the delay of carrying out the order does not enter in the cases above, the seller undertakes to pay off the buyer 3 % of the price of the order for each day exceeding the delay. Refund can never exceed 100 % of the amount of the order. To benefit from this refund, the purchaser has to make the demand by registered letter accompanied by a copy of the received business cards. The purchaser's letter of complaint  is no  proof of exceeding the delay. Only the seller can judge the exceeding of delay according to his expedition book.
A letter of complaint has to be sent within a delay of 15 days as from date of reception of the business cards. After this delay, no refund can be accepted.
  1. Complaints
Any possible complaints concerning the quality of the product accompanied with a proof have to be sent to the seller, within 15 days of delivery at destination, in case the goods present vices appearing on elementary checks.
In case of fabrication fault recognized by the seller, the seller reserves the right to begin a new fabrication of the business cards, and this will not be billed to the purchaser. No penalty can be claimed from the seller. The business cards presenting faults should be kept by the seller. If the faulty cards cannot be presented any new fabrication will be the object of a new invoice.
  1. Litigations
Any disagreements relative to the interpretation or to the execution of the present conditions and the
orders there concerned, will be, for lack of privately negotiated agreement, of the exclusive
competence of the Court of Bayonne. The applicable right will be French law.

123businesscards.co.uk is edited by : :
Merca Sarl
with a capital of 50 000 FrF
10 impasse Lasvignottes
64200 Biarritz, France
RCS Bayonne B 419 676 689

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