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.

FILMS, SILKSCREEN PRINTING, PAD PRINTING, LASER ENGRAVING

If the customer sends us documents which are not photographable or impossible to scan as such, the work will be invoiced by the amount of time spent : 69 euros per hour.
The documents sent by e-mail (compopc@passot-innovation.com) must be vectorised ILLUSTRATOR documents in EPS format.

SET UP CHARGES : 44 euros per colour. (Screen production, machine setting and start of any order with imprint)
Required documents :
- if text, it must be clear and readable to be prepared by ourselves.
- files : vectorial drawing only in AI, EPS or PDF, with a JPEG image for control.

FULL COLOUR PROCESS (pad printing, offset visual, doming, digital printing)

  • Pad printing : set up charges + proof = 249 euros
  • Visual in coloured photocopy : Set up charges = 44 euros
  • Doming : Set up charges = 44 euros
  • Digital printing : Set up charges = 44euros

Required documents :
With an ILLUSTRATOR or PHOTOSHOP file in CMYK (Cyan-Magenta-Yellow-Black) / 300dpi sent by yourself without modification.
Results depend on the quality of sent document. In CMYK, some pantone colours (orange, purple, silver,...) are impossible to match.
Set up charges are compulsory for each order or each repeat order with printing, whatever the printing technic.
In case of repeat order, for all items without exception, the set up charges will be again invoiced.

PROOF

If there is the any doubt on the text, we will realize whenever it proves necessary an email proof by Email, to your costs. Additional time 2 days.
The production will start at receipt of your email proof approval. No responsibility will be taken on our side if any mistake is detected after your confirmation.

  • Actual product proof: Additional time 2 weeks
    • silkscreen printing or pad printing : 38 euros for one colour + 16 euros per additional colour
    • digital printing or doming : 38 euros
  • Via email or coloured photocopy on visual:
    • order - 400 euros : 15 euros
    • order + 400 euros : free of charge
  • Via email for laser engraving: FREE of charge
  • Via email for In-Mold (IML): FREE of charge

EMAIL PROOF MODIFICATION : we issue films for proof with cutomer’s documents. If we have to change the email proof further to a mistake or a change in the text from the customer, we will charge for this : 16 euros.

SPECIAL COLOUR MATCHING

Except colour chart available on our website, in ‘Marketing Tools’ tab

  • order - 400 euros: 47 euros
  • order + 400 euros: FREE

PURCHASE ORDER

Please respect the position of the personalised logo/text, etc., as shown in the catalogue. The positioning may be different by request and with our agreement. Purchase orders are not firm until we have all the documents required to fulfil it.
It is not worth making reservations for orders in June or July, etc., without sending the personalisation data at the same time.
RENEWED ORDERS: please notify us of the invoice date of the previous order. Also, if you wish us to use a special colour for the personalisation, you must send us a ready-made sample and, in all cases, a photocopy of the personalisation.

PERSONALISATION

If quantities are beneath the minimum order quantity, the flat-rate price of the quantity above applies.
Quantities may vary by 5 percent more or less. Customers should warn their own customers of this when taking the order.
Any change in the colour of the personalisation on the same purchase order for the same article shall be subject to an additional charge of 12 euros.
Certain customers are complaining more and more frequently about the poor performance of the personalisation over time ; this being the case the customer hereby declares to have been informed that the yardstick for print quality is the “adhesive tape test” and that, if this is conclusive, we are in no way liable for claims by the customer’s own customers.

SAMPLES

Samples are always payable (1st columm of prices, non personalised) and are non-returnable whatever the quantity.
If the customer does not specify his order, they can be shipped WITH or WTHOUT branding depending on availibility.

ORDER

No orders will be accepted by telephone.
All orders be placed or confirmed in writting, by fax or e-mail (e-mail address : pi@passot-innovation.com). Please e-mail the personalisation file to compopc@passot-innovation.com.
Articles with personalisation: one order only per sheet with typed personalised text.
Notification of receipt by e-mail.
NOTE: The customer is responsible if orders are placed twice (e, g, on website and by mail). We will not issue credit notes for orders placed twice if they are manufactured twice by our production departments.
No modification, suspension or cancellation of placed orders can be taken into account unless they arrive in writing before the products are shipped and BEFORE PERSONALISATION if the products are to personalised.
Customers are the sole beneficiaries of their purchase orders and these may not be ceded without our agreement.

USUAL DELIVERY TIMES

  • Non-personalised, stocked articles : 1-4 days ex-factory Le Coteau - 42120 FRANCE.
  • Personalised articles : 1-3 weeks. For shorter deadlines, ask us or use the express service.
  • Order with proof : shipment time + 2 weeks

The stated delivery dates are as exact as possible but depend on our supply and transport possiblities. We accept no liability for late deliveries ; neither can late delivery be a justification for withholding of payment, nor for cancellation of orders. However, if after two weeks following the stated delivery date, the goods have not been deli- vered for reasons other than force majeure (war, civil disturbances, fire, strikes, accidents, failure to obtain sup- plies), the sale may be cancelled at the request of either party and any deposits will be reimbursed to the cus- tomer, no other compensation or damages being due. On-time delivery is only possible if the customer has no outstanding obligations to us, for whatever reason.

SHIPMENT - MODES OF DELIVERY

Without special agreements at the time of order, shipment by carrier at our convenience or by parcel post for French overseas departments and territories to the delivery address confirmed at the time of order, or directly to the advertiser in a neutral shipment to be specified at the time of order. Advanced shipping costs. The following are considered as «Special Delivery » addresses (with additional cost on quotation, please consult us): floor, urban area with difficult or restricted access, port area, mountain and island, special equipment (e.g. tailgate, electric vehicle, etc.), private individual, by appointment only.
Multi-address delivery: Delivery of an order to multiple addresses is possible at an additional cost on request. From 2 different delivery addresses per order, a supplement of 10,50 euros per address is charged, as well as the additional shipping costs (on estimate). Delivery with suffering, absent recipient : 32 euros suffering fee will be charged as well as the additional shipping costs (on estimate) for a 2nd presentation.

DISPUTES - DETEFECTIVE GOODS

The recipient is liable for any damage caused by the carrier. The goods travel at the risk of the recipient, who is bound to make all the necessary statements in the case of damage, loss or incomplete delivery and to confirm his/her reservations.
On reception of goods, the customer shall express any reservations at the moment of unlading. Should any packages be open or damaged, the client must check off the defective/missing articles in the presence of the delivery agent and confirm this by registrered letter to the carrier within 48 hours. We will not replace any products at our own cost if these reservations have not been made as stated above.
Any claims concerning visible defects or non-conformance of the goods delivered compared with the goods which were ordered or which appear on the consignment note must be made in writing EIGHT DAYS FROM RECEPTION OF THE GOODS, together with any document testifying to the defects or anomalies.
In the case of any error concerning the goods due to our own fault, we will collect the goods from the customer.

RETURN OR EXCHANGE OF GOODS

We are only bound to exchange goods if the claim arrives WITH IN EIGHT DAYS FROM RECEPTION, without any compensation.
Non-personalised goods which we deliver directly to the customer or the customer’s serigrapher will only be exchanged if they are returned in the same condition as at delivery, before any handling or modification. If customers return goods to us due to an error on their part, they will be invoiced for 35 euros in warehousing costs. The risks and costs of the return (carriage) are payable by the customer.
Goods may only be returned with our agreement. Any goods which are returned without our agreement will be kept at the customer’s disposal and no credit note will be issued for them. We will issue a credit note for goods which are returned with our agreement once the quality and quantity have been verified. The customer forfeits any deposits in the case of returns of goods which do not comply with these conditions.

PRICES

All our prices are EXCLUSIVE OF VAT, EX-FACTORY and IN EUROS.
For reasons of fluctuating exchange rates, the prices of certain articles may change during the course of the year. In this case, you will be sent a circular one month before the new price comes into effect.
The imaginary prices which we find on some order forms are under no circumstances binding, even if the acknowledgement of receipt which we return has not been corrected. When invoicing, we refer to the price which applies at the date on which the order was placed.

PAYMENT

In the absence of any special, contrary agreement, payment is to be made as follows:

  • Paiement on receipt within 8 days with no discount by T/T or credit card.
  • Before the shipment : payment by bank transfer or credit card.

NEW CUSTOMERS or customers who are blacklisted with our trade information organisation, or who have defaulted on payment to us in the past:

  • Orders: 30 percent deposit at the time of ordering (NB no cheques for overall amounts - one cheque per order), the remainder by CWO, bankcard or before shipment (you choose which mode of payment when you order).

DELAYS and INCIDENTS:
In case of late payments, lump sum compensation for recovery costs in the amount fixed by decree under Article D 441-5 of the Commercial Code. Damages 40.00 euros. This allowance will be increased penalties for delay (maximum = interest rate of the ECB. Newest increased by 10 percentage points = minimum legal rate of interest x3) + bank charges rejection.

RESERVATION OF TITLE

The goods referred to in these General Terms and Conditions of Sale are sold with reservation of title: transfer of title is dependent upon full payment of the principal and costs at the due date.
In the absence of payment at the due date, we shall reclaim our goods and are legally entitled to rescind the contract by simple registered letter with acknowledgement of receipt, without prejudice to any other rights or remedies.
Should the customer have resold our goods, we also reserve the possibility to claim payment of the price of the goods held by the subsequent purchaser, the reservation of title being transferred of the price of sale. In the case of staggered delivery, title will be transferred as and when the delivered batches are paid. Defaults on payment of any one of the sums due may lead us to reclaim the goods. On delivery of the goods, all risks, including accident and force majeure, and storage are transferred to the customer.

SPECIAL CREATIONS

The imprints, plans, models and moulds which we manufacture or have manufactured for special shapes created to customer specifications remain our property. The payment asked of the customer (costs of mould), which is solely parti- cipative, is in no way representative of the value of these elements and does not entail transfer of any kind to the customer.

CHALLENGES - DISPUTES - JURISDICTION CLAUSE

It is expressly agreed that any dispute or challenge relating to the execution, interpretation or termination of these and subsequent Terms and Conditions which cannot be settled amicably shall be subject to the jurisdiction of the place where our company is headquartered.
This clause applies to all procedures whether non-contentious or contentious, including summary procedure, preservation measures, interlocutory application, multiple defendants or calls on guarantee, whatever the mode and terms of payment. Neither shall the existing jurisdiction clauses in customers’ documents be an obstacle to application of the present clause.

Personal Data and the Right of Opposition

The information obtained during the quotation process is collected and recorded by the company for the sole purpose of performing the services requested and handling any claims that may arise. Only data strictly necessary for these purposes is stored, and this for a period of three years. In accordance with Act No 78-17 on Information Technology, Data Files and Civil Liberties dated 6 January 1978 amended by Act No.
2014-344 of 17 March 2014, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, you have the right to access, correct, and delete your personal data.
You also have the right to oppose the processing of your personal data on legitimate grounds. If you wish to exercise these rights, you can do so in writing via post or e-mail to the following address: pi@passot-innovation.com, specifying “Personal Rights” in the subject line and attaching a copy of your proof of identity.