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| TERMS & CONDITIONS
OF TRADE |
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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