GENERAL TERMS & CONDITIONS OF SALE
Article I.Scope and binding character of the present terms
a. Unless otherwise agreed in writing the present conditions are applicable to any sale of goods by “Digiprint Supplies”. Digiprint Supplies is the registered trade mark of the company BIG FISH SPRL, with registered offices at 1050 Brussels, Avenue Louise, 65/11, registered under the n° BE 0892.154.431. ( hereinafter “ the Seller”), to the exclusion of any clauses or conditions arising from the Customer.
b. These conditions shall apply to all contractual relationships between the Seller and the Customer.
c. When particular terms agreed upon between the Seller and the Customer, the latter shall prevail on the present terms in so far as they are inconsistent.
d. The legality, validity and enforceability of other clauses in the present terms will not be affected if one of the clauses is or becomes illegal, invalid or unenforceable.
Article II.Copyrights
All content included on the following website: www.digiprint-supplies.com (the “Website”) , such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole and exclusive property of the Seller or its contents suppliers and is protected by copyright laws.
All software used on this site is the property of the Seller or its software suppliers and protected by the copyright laws.
“Digiprint-Supplies” is a duly registered trademark, of which the property is reserved by the Seller.
Article III.Electronic communications
When the customer visits the Website and sends e-mails to the Seller, he is communicating with the Seller electronically. He agrees to receive communications from the Seller in electronic form. The Seller will communicate with the Customer by e-mails or posting notice on this site.
The customer agrees that all agreements, notices, disclosures and other communications that the Seller provides to him electronically satisfy any legal requirement that such communications be in writing.
Article IV. Account
When the customer uses the Website, he remains responsible for maintaining the confidentiality of his account and password and for restricting access to his computer, and he agrees to accept liability for all activities that occur under his account or password.
The Seller reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Article V. Offers and Orders
Orders placed on the Website shall only become legally binding when they have been accepted by the Seller. The acceptance will be notified by an order confirmation sent by e-mail. An order may be refused by the Seller for any reason, including credit problems, shipping addresses or countries, or unusual order volumes.
Article VI.Price
a.All prices are expressed in Euros or in Us Dollars (depending on the State where the Customer is placing an order), excluding VAT and other taxes, duties, shipping & handling costs, and other charges, which remain due by the Customer.
b.The Customer is liable for indicating its own , valid, and correct VAT number, and will hold the Seller harmless for any liability, cost, problem or proceeding resulting from the indication of a wrong or incorrect VAT number, or from the indication of a VAT number of which he is not the holder.
c.Prices are based upon the economical conditions, taxes or rights applicable at the moment of the order, as well as on the prices of the Seller’s suppliers and contractors.
d.They are subject to modifications without any prior notice, in function of the variation of these elements, whatever the cause.
e.The Seller reserves the right to withhold the shipping of the goods until full-payment of an order has been made.
f.All bank charges related to an order are not included in the Price and are due by the Customer.
Article VII.Payment terms
a.Payment can be only made using the following cards :
a.MasterCard;
b.Visa;
c.American Express;
d.Maestro or by means of bank transfer.
b.Payment in full is due prior to shipment. The Seller reserves the right, after prior written notice, to withhold or cancel the delivery of the goods, in case of non-payment of the due price, without prejudice to any other right of action.
Article VIII.Deliveries
a.Deliveries will be made depending on the good’s availability. Unless otherwise agreed in writing, the seller’s delivery dates shall be purely indicative. The customer shall not be entitled to use any late delivery as a justification for cancelling the sale, rejecting the goods or claiming any compensation.
b.If the customer, after formal notice, fails to take delivery of the goods, the seller shall be entitled, without prejudice to any claim for damages, to enforce the contract or to consider it to have been automatically terminated, with any advance payment forfeited for the benefit of the Seller.
c.Where deliveries are in installments, the failure in whole or in part of any one delivery shall not effect on other deliveries.
Article IX.Delivery problems
The Seller will, for any reasons, not be held responsible or liable for delivery issues or delivery failures, including but not limited to, wrong delivery address, Goods shortage, product end of life, etc. The Seller reserves the right to modify an order with a similar product of identical or greater value if original product(s) is (are) no longer available. Product specifications shape and color may vary without prior notifications, to the exception of the Product’ use which shall remain the same as the originally ordered product.
Article X.Returning Goods
Goods bought on the Website cannot be returned by the Buyer except in case the Seller is liable a set forth under article XIII (Warranty).
Article XI. Shipping
The Seller will ship Goods according to its own selected shipping instructions. The Seller will attempt to ship the Goods within the estimated timeframe reflected on the order confirmation but will not be liable for any failure to do so. For items on back order the Seller may ship whenever the products become available without notice to the Customer.
Article XII.Risk and Title of Goods
a.The risk in the goods, and particularly those risks inherent in their carriage, shall pass to the customer immediately upon their delivery. Carriage costs are due by the Customer and are not included in the Price paid by the Customer for the ordered Product(s).
b.Unless otherwise agreed in writing, delivery shall take place at the time when the goods are delivered to the customer by the shipper or are delivered at the customs (depending on the rules applicable in the country of destination).
a.The seller reserves title of the goods until payment in full of the price and all incidentals. The risk in the goods shall however pass to the Customer as set forth in previous section 9c.
b.Consequently, in a case of late or non-payment, whether in whole or in part, the seller reserves the right to require, without prior formal notice, the delivered goods to be returned to it, wherever they are located. Goods stored at the premises of the Customer will be deemed to be subject of the unpaid invoices.
c.The customer shall therefore not grant any rights to third parties that might limit the exercise of this right.
d.All return costs of the goods to the seller’s premises pursuant to the present section will be borne by the customer.
Article XIII. Acceptance and Warranty
a.The Goods sold by the Seller are guaranteed as far as the Seller’s suppliers offer a warranty on the Product they sell and/or produce.
b.The customer must inspect the immediately upon delivery. The goods shall be deemed to be accepted by the customer if the customer has not given full and detailed notice to the shipper on the delivery note.
c.Acceptance shall cover all defects which the customer could discover or should have discovered at the time of delivery of the goods (external and visible defaults) or in the following 48 hours (defaults inside the package) when carrying out careful inspection, including discrepancies between the goods sold and delivered in terms of models.
d.The Seller warrants its goods to be free from hidden defects. A hidden defect shall mean significant defects which the customer could not possibly discover at the time of delivery of the goods, causes by faulty material or poor workmanship. Only defect which materially decrease the utility of the good view of its normal use shall be covered hereunder.
e.This warranty is limited to hidden defects which have been notified to the Seller, in a detailed manner, in writing and by registered mail, within ten (10) days of discovery of the hidden defect and any case at the latest within one (1) month from delivery.
f.In any case, the Seller’s liability under this warranty will be limited to the replacement of the defective goods. Goods shall not be returned without the prior written agreement of the Seller.
g.The Seller makes no warranty, express or implied, with respect to the goods, except as set forth in this clause. The customer shall in other circumstances as set forth in this clause, not be entitled to return or exchange the goods sold. Any liability of the Seller for any indirect damages with respect to the goods, including loss of profits or contracts of the customer or damages caused by the goods to the other property or the environment is expressly excluded.
h.The limited warranty is voided if:
a.The Customer does not produce the RMA received from the Seller, following the complaint by the Customer.
b.the Goods are not shipped back in their original labeling and packaging protecting them from normal shipping handling.
c. The Goods returned for exchange are not accompanied by a proof of purchase including date of purchase, place of purchase and price paid.
d. the warranty has been transferred.
e. the Goods have been willfully mishandled, abused or misused.
Article XIV.Limitation of Remedies and Liability
To the fullest extent permitted by applicable law, the remedies provided in the present terms are the sole and exclusive remedies for breach of this agreement by the Seller. In no event will the Seller be liable to the Customer for any damages, including incidental, consequential, special or indirect damages. In no event will the liability of the Seller ever exceed the total amount paid by the Customer for the goods purchased in an order.
Article XV. Export/import Control
The Customer agrees to comply with all export and/or import control laws. The Customer agrees not to export/import any product to any country in violation of any export/import control law without first obtaining any necessary license or approval. The customer warrants that he is not located in, under the control of, or a national or resident or any country to which the export/import of the products is prohibited by applicable export/import control laws.
Article XVI.Data Protection.
By placing an order, the Customer agrees that the Seller may store, process and use personal data collected from an order form for the purposes of its Client Administration. The Customer may obtain a copy of the personal data held by the Seller on written request. If any personal data is incorrect, the Seller will correct it on written request of the Customer.
Article XVII.Damage
a.The Seller has the right to withhold the execution of the agreement in case of non observance of the agreement by the customer.
b.The Seller retains the right to consider the agreement disrupted by law without serving notice upon the customer, in case of bankruptcy of the latter .
Article XVIII.Force Majeure
The following shall be considered herein as events of force majeure allowing the cancellation or suspension of the seller’s contractual obligations, without any right of recourse for the customer: accident affecting the manufacture or storage of the Goods, total or partial interruption of supplies, or energy, fire, flooding, breakdown of machinery, total or partial strike, administrative decisions, acts attributed to third parties, war and all external occurrences likely to delay or prevent the performance of the seller’s obligation or to render such performance economically exhorbitant.
Article XIX.Miscellaneous
If any provision of these general terms and conditions becomes void or unenforceable by force or operation of law, the remaining clauses shall remain valid and enforceable.
The Parties shall use their best endeavours to negociate a valid replacement provision with the same or similar economical consequences.
Article XX. Applicable Law and Jurisdiction
a.These General terms and Conditions are to be construed in accordance with, and governed by the laws of Belgium. The provisions of the United Nations Convention on Contracts for the international Sale of Goods shall not apply.
b.All disputes arising out of the contract between the Seller and the Customer fall under the exclusive jurisdiction of the competent Courts of Brussels.
