General Terms and conditions of sale (GTCS)

The present General Terms and Conditions of Sale (GTCS) are sent systematically to all customers; this automatically implies that, when orders are placed, the customer or reseller accept the GTCS without reservation and the GTCS take precedence over any other nonbinding, such as sales brochures or catalogues, produced by our company. No special conditions shall take precedence over the General Terms and Conditions of Sale without our formal, written agreement. Any contrary condition put forward by the customer is therefore invalid without our express agreement, regardless of which time it was brought to our notice. The fact that we do not assert one or other of these terms and conditions at a given time does not mean that we renounce the right to assert them subsequently.
The present terms and conditions cancel and replace the previous terms and conditions of sale as well as all special agreements.

1/ BRANDING TECHNIQUES AND FILES TO BE SENT

The following branding techniques: Silkscreen 1 Color (or more), pad printing 1 Color (or more), Laser Engraving, Quadri-Digital printing, Inmold, Doming, Quadri-Transfer, Relief Quadri-Transfer, Quadri Visual, Sublimation, 4 color weaving, each have their own specificities, constraints and appropriate branding appearances. The appearance of the branding depends on the quality of the provided file.
Please note that we cannot respect Pantone colors and approaching colors in Quadri-Digital.

Each branding technique comes with technical fees. These technical fees are mandatory for any order, or re-order with branding, no matter the technique, which covers: making the screen, setting the machine, and start-up of the branded order.
In case of re-order, for every product without exception, even following a recent delivery, the technical fees will be billed again.
The branding files are to be sent by email or via our website (indicated below). The texts must be clear and of readable size. Images must be in CMYK color mode with a resolution of 300 dpi at scale 1.

If the customer sends us a file that is not usable as it is, he will be charged for the time spent to make it conform before branding.
File compliance or retouching, graphical fees, work invoiced at: 70.80 euros/ hour (1.18 euros/ min).

SILKSCREEN / PAD PRINTING 1 Color (or more):

Files to be sent:

File imperatively and entirely vectorized (fonts included) in .PDF, .AI, or .EPS format
Control file in .JPEG format

PAD PRINTING QUADRICHROMIA:

Technical fees with email visual included: 270 euros.
Files to be sent:

Files in the .PSD or .JPEG format
File imperatively and entirely vectorized (fonts included) in .PDF, .AI, or .EPS format for the products needing a color support underlayer.
Control file in .JPEG format

LASER ENGRAVING OR NOMINATIVE LASER ENGRAVING:

Technical fees: 45€
Files to be sent:

File imperatively and entirely vectorized (fonts included) in .PDF, .AI, or .EPS format
If nominative or numbering branding: .XLS, .CSV or .TXT list file + .OTF or .TTF font supporting special characters
Control file in .JPEG format

QUADRI-DIGITAL or NOMINATIVE QUADRI-DIGITAL / IN-MOLD / DOMING / QUADRI-TRANSFER / RELIEF QUADRI-TRANSFER / QUADRI VISUAL:

Technical fees: 45€
Files to be sent:

File is .PSD or .JPEG format
File imperatively and entirely vectorized (fonts included) in .PDF, .AI, or .EPS format for the products needing a color support underlayer
If nominative or numbering branding: .XLS, .CSV or .TXT list file + .OTF or .TTF font supporting special characters
Control file in .JPEG format

4 COLOR WEAVING / SUBLIMATION (Asia Express):

Technical fees: inclus
Files to be sent:

File imperatively and entirely vectorized (fonts included) in .PDF, .AI, or .EPS format
Fichier impérativement et entièrement vectorisé (polices d’écriture comprises) au format .PDF, .AI ou .EPS
Control file in .JPEG format

2 / SPECIAL BRANDING COLORS

The colors of the diverse catalogues and Pantone color charts etc… are offset ink referenced. In silkscreen printing, starting from different bases, we cannot get the hue and shine of these references. Pantone “U” being impossible to obtain, we work in Pantone “C”. Very slight differences in printing color on the final product compared to the original branding file may occur in all printing processes, without justifying claims for non-conformity.
A special color branding, not included in our standard colors, Pantone reference or else is charged extra. Our standard colors chart is available is available on our website in the “MARKETING TOOLS” tab.

- Order of less than 420€ H.T: 48 euros per special color
- Order of 420€ and more: offered

3 / CREATION

The impressions, plans, models and molds made by us directly or indirectly for the special creation of objects with the desired shapes by the customer remain our property. The sole amount charged to the customer for the mold fee, as participation only, does not represent the value of these items and does not entail any transfer thereof to the customer.

4 / BRANDING

BRANDING QUALITY:

To test the quality of a branding and the ink holding, we perform the adhesion test by applying and removing adhesive tape on the printed surface. The tape can potentially detach the ink and the amount removed gives an indication of the adhesion quality. If this test is successful, we will not be responsible in any case for complaints about the poor adherence of the branding, in time and according to the handling conditions, which could be formulated by the customer’s own customers.

COLOR APPEARANCE AND COLOR MODIFICATION:

For the same branding to be made on different references or on different surface products (mate or shiny) and different color (in particular on the PICUP range), the appearance of the branding colors may not be identical on all references or on all products, without this being able to justify claims.
Any change of branding color on the same order for the same article: 13 euros extra

BRANDING LOCATION:

The location of the branding is defined in the catalogue and according to the branding data sheet. On request, depending on feasibility and with our agreement, the location may be different, but will lead in this case to an extra cost (consult us).

5 / VISUAL

In case of a non-compliant file or the slightest doubt on the branding rendering, we will send a visual (BAT) by email whenever it proves necessary, at the expense of the customer. Completion of a visual by email: 2 additional days

ACCEPTATION OF THE VISUAL AND RESPONSIBILITY:

The order will only be initiated upon receipt of the visual agreement by email or letter. Acceptance of the visual is entirely the responsibility of the client.
Any uncorrected error, detected after the acceptance of the visual and/ or after the branding of articles, will not be blamed. We will not be responsible in any case.

Prototype: 2 additional weeks.

silkscreen/pad printing branding: 39 euros in 1 color, 1 side + 17 euros per extra color or side
quadri-digital branding: 39 euros

Email visual or printing on visual:

Order of less than 420€ H.T: 15 euross
Order of 420 euros and more: offered

Email visual for laser engraving: offered

Email visual for In-mold: offered

MODIFICATION OF THE VISUAL:

If we need to correct the visual due to an error or a change in text or composition attributable to the client or his own client, the modification will be charged: 17 euros.

6 / NON-CONTRACTUAL PHOTOS

We try to present the visual with branding simulation and photos of articles that are as faithful as possible, but remain non-contractual. The color shades and rendering of the materials presented may be different from reality.

7 / SAMPLES

Samples are to be paid and not taken back regardless of the quantities. Their prices correspond to those without branding. Without the customer specifying when ordering, they can be shipped WITH or WITHOUT branding depending on availability.

8 / ORDER

No order will be taken by phone. The order is to be placed in priority through our site, otherwise by email at the address below. Attention, the customer is responsible if he places an order twice (e.g.: via website and by mail). We will not make any credit on an order placed 2 times and made 2 times by our services.

Any modification, suspension or resolution of the order requested can only be taken into account if it has been received in writing before the products are shipped and before branding for items with branding. The benefit of the order is personal to the customer and may not be assigned without our agreement.

ORDER WITH OR WITHOUT BRANDING:

With branding: the order is for one reference. That is to say, an order for the same advertiser with the same branding but on 2 different references, will be considered as 2 manufacturing files and 2 separate orders
Without branding: one and the same order for a combination of several references

ORDER FORM AND ACKNOWLEDGEMENT:

An order will only be taken into account from the moment when all the documents and branding files, to carry it out, are in our possession. An acknowledgement of receipt will be sent by email once the order is entered.

MINIMUM QUANTITY AND ASSORTED COLORS:

The quantities may vary by 5% more or less, the customer must notify his own customers when ordering. If the ordered quantity does not reach the minimum: the fixed price of the higher quantity applies.
The delivery of assorted colors will be in the colors available in stock by default.

RE-ORDER:

The invoicing date of the previous order must be communicated to us and the previous validated BAT must be sent to us. Similarly, if a special branding color is to be respected, or a sample has been made and, in any case, a photo of the branding must be sent to us.

PHOTO OF THE FIRST PRODUCT FROM THE PRODUCTION

Sending a photo of your marked product without interrupting production by email: 19 euros

9 / PRICES

All our prices are H.T. EXWORKS, in EUROS.Due to currency fluctuations, the price of certain items may change during the year. In this case, an email will be sent one month before the new price is applied. The fancy prices that we discover on some order forms do not bind us in any way even if the acknowledgement that we send you has not been corrected.
For invoicing, we refer to the rates in force on the date of placing the order.

10 / PAYMENT

MODALITIES:

Unless otherwise specifically agreed, payments will be made under the following conditions:

At 30 days end of month delivery by LCR after opening the account and acceptance by our credit insurance company
Counting (within 8 days) without discount, by bank transfer, credit card or direct debit
Order via website without discount, by bank transfer or credit card.

New customers, clients with bad quotation from our business information agency or customers who have had a payment incident in our history:

Deposit of 30% to 50% on order, balance by debit or credit card before shipping (to be specified when ordering)..

DELAYS AND INCIDENTS:

In case of late payment, we will be owed a sum compensation for recovery costs, corresponding to the amount set by decree pursuant to article D 441-5 of the commercial code. This allowance amounts to 40.00 euros (Decree No. 2012-115 of 2/10/2012).
This allowance will be increased by the late penalties + bank charges for rejection:

Minimum penalty: legal interest rate x3
Maximum penalty: the most recent ECB key interest rate plus 10 percentage points.

11/ RESERVATION OF OWNERSHIP

The goods referred to herein are sold subject to retention of title: the transfer of ownership is conditional upon full payment of the principal, expenses and incidental price at the agreed time. If payment is not made on time, we will take possession of our goods and have the right to terminate the contract by simple letter, without prejudice to all other rights and remedies.
In the event of resale by the customer of our goods, we also retain the possibility to claim the price of the goods held by the sub-purchaser, the retention of title being carried over to the sale price.
In the case of instalment deliveries, ownership will be transferred as and when payment is made for the delivered lots. Failure to pay any of the due dates may result in our claim for the goods.
Upon delivery, the risks of any kind including fortuitous events and force majeure, and custody are transferred to the customer.

12/ SHIPPING TIME

Articles without branding and in stock: 1 to 4 days, lead time from factory (Le Coteau - 42)
Articles with branding: 1 to 3 weeks (for a shorter time, consult us)
Order with prototype: delivery time + 2 weeks

Estimated times are in business days. Estimated times are in business days. The shipping dates are given as exactly as possible, depending on our supply and transport possibilities. The exceeding of the delivery time cannot give rise to damages, retention or cancellation of orders in progress.
However, if 2 weeks after the indicative delivery date, if the goods have not been delivered for any reason other than a case of force majeure (war, riot, fire, strike, accident, inability to supply), the sale may then be terminated at the request of either party: the customer may obtain reimbursement of the deposits paid, excluding any other compensation or damages.
Delivery on time can only take place if the customer is up to date with its obligations towards us, whatever the cause.

13/ DELIVERY TERMS

CONFIRMED DELIVERY ADDRESS AND WITHOUT SPECIAL AGREEMENTS:

When ordering, the shipment is by a carrier at our convenience or postal package for DOM-TOM to the confirmed delivery address, possibly (if specified) directly to the advertiser in neutral sending. Advanced freight on invoice.

SPECIAL DELIVERY ADDRESS WITH SPECIAL COST ON QUOTATION (consult us):

The following cases are considered to be “special” delivery addresses: floor, urban area with difficult or regulated access, port area, mountain and island, special equipment (e.g. tailgate, electric vehicle, ...), individual, by appointment only.

MULTI-DELIVERY ADDRESSES WITH ADDITIONAL COST ON QUOTATION (consult us):

From 2 different delivery addresses per order, the additional shipping costs and an extra of 10.50 euros per address will be charged.

DELIVERY WITH PROBLEM AND ABSENT RECIPIENT:

A suffering fee of 32 euros will be charged as well as the additional shipping costs (on quotation) for a 2nd presentation.

14 / SHIPPING COSTS

If order with branding: 1 order per reference = 1 freight charge or free if conditions reached, by reference
If order without branding: 1 single and same order for a combination of several references = 1 single freight charge or free if conditions reached for a combination of several references

DELIVERY IN MAINLAND FRANCE (excluding special destinations: islands, high mountains; ZFE, delivery without appointment or to the customer):

Courier freight: 48 to 72h depending on the departments.
Without objection of the customer, billing of a transport package for our goods and samples according to the following schedule:

Order HT of less than 250 euros: FREIGHT CHARGES = 14 € HT
Order HT greater than or equal to 250 euros and less than 420 euros: FREIGHT CHARGES = 22 € HT
Order HT greater than or equal to 420 euros:

If order placed via our website, secure with your credentials: FREE
If the order was placed through another channel, with input from us: FREIGHT CHARGES = 5% of the amount HT of the order

Express Freight (for delivery before 13:00 the next day): 1 euro/ kg with a minimum of 24 euros

DELIVERY IN BELGIUM/ NETHERLANDS/ LUXEMBOURG/ GERMANY (excluding special destinations: islands, high-mountain,…):

Without objection of the customer, billing of a transport package for our goods and samples according to the following schedule:

Order HT of less than 250 euros: FREIGHT CHARGES = 28€ HT
Order HT greater than or equal to 250 euros and less than 420 euros: FREIGHT CHARGES = 44 € HT
Order HT greater than or equal to 420 euros: 11% of the amount HT of the order

DELIVERY IN AUSTRIA/ SPAIN/ ITALY/ SWITZERLAND* (excluding special destinations: islands, high-mountain,...):

Without objection of the customer, billing of a transport package for our goods and samples according to the following schedule:

Order HT of less than 250 euros: FREIGHT CHARGES = 38€ HT
Order HT greater than or equal to 250 euros and less than 420 euros: FREIGHT CHARGES = 59 € HT
Order HT greater than or equal to 420 euros: 15% of the amount HT of the order

* Attention: For Switzerland, the delivery will be in DAP (Incoterms® 2020); it is necessary to add the costs of customs operations of 36 € / parcel.

15/ DISPUTES - DEFECTIVE GOODS

Damage incurred by the carrier shall be borne by the consignee. he goods are transported at the risk of the consignee in case of damage, loss or lack, to make all necessary findings and confirm its reservations.For any receipt of goods, the customer must make unpacking reserves.
In case of open or damaged packages, the marking of missing items must be made in front of the deliverer and confirmed by letter to the carrier within 48 hours. No product will be replaced at our expense, if the reservations have not been made as mentioned above.
All complaintsabout apparent defects or non-conformity of goods or shown on the packing list must be made in writing within 8 DAYS OF RECEIPT, accompanied if applicable, any justification as to the reality of the defects or anomalies found.
For any error of goods attributable to us, we arrange the collection at the customer’s for the return.

16/ RETURN OR EXCHANGE OF GOODS

We only exchange the goods whose claim will reach us WITHIN 8 DAYS OF RECEIPT, without compensation of any kind.
The goods delivered by us without branding to the customer or its printer will only be exchanged if they are returned to us in the state in which they were delivered and before any manipulation and modification.
If the customer returns the goods to us due to an error on his part, he will be charged 38 euros of storage and administrative costs, the risks and shipping costs remain at his expense.
Any return of goods must be subject to an agreement from us. Any goods returned without this agreement would be held at the disposal of the customer without giving rise to the establishment of a credit.
TAny return accepted by us will give rise to a credit to the customer, after qualitative and quantitative verification of the returned goods. Returns that do not comply with the above will result in the loss of the deposits paid.

17 / DISPUTES, LITIGATION, JURISDICTIONAL CLAUSES

It is expressly agreed that all disputes or challenges relating to the execution, interpretation, termination of this Agreement and their consequences, which could not be settled amicably, will be subject to the jurisdictions in which the registered office of our company is located.
This clause applies to all proceedings of a kind or litigation nature, even in the case of interim relief, protective proceedings, incidental application, or plurality of defendants, or appeal in guarantee, and whatever the mode and terms of payment, without the existence of jurisdictional clauses on client documents that may prevent the application of this clause.

18/ GDPR (General Data Protection Regulation) - RIGHT TO OBJECT

The information collected during the preparation of the quotation is collected and recorded by the company for the purpose of performing the service and managing any complaints. Only the data strictly necessary for these purposes are kept for a period of three years.
In accordance with Law 78-17 of 6 January 1978, amended by Law 2014-344 of 17 March 2014, known as the Data Protection Act, and European Regulation 2016/679 of 27 April 2016, you have a right to access, correct and delete your data.
You can also object, for a legitimate reason, to the use of your data. If you wish to exercise these rights, you can send an e-mail or a letter to the following address: pi@passot-innovation.com, specifying in the subject line «Personal rights» and attaching a copy of your proof of identity.