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 (hereinafter 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.
e. The Customer hereby confirms he is acting as a professional and in no circumstances as a consumer as set forth in the EU legislation on consumer rights.
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 the currency being legal tender in 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 economic 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 payment methods :
3. American Express;
5. 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 good of identical or greater value if original good(s) is (are) no longer available. Good specifications shape and color may vary without prior notifications, to the exception of the good’s use which shall remain the same as the originally ordered good.
Article X. Goods Return
The orders placed by the Customer on the website are definitive and cannot be cancelled.
The Customer is consequently aware he is bound by its purchase as soon as he has executed the online payment.
Therefore, 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 goods 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 good(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).
1. 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.
2. 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.
3. The Customer shall therefore not grant any rights to third parties that might limit the exercise of this right.
4. 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 good 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 :
1. The Customer does not produce the RMA received from the Seller, following the complaint by the Customer.
2. The goods are not shipped back in their original labeling and packaging protecting them from normal shipping handling.
3. The goods returned for exchange are not accompanied by a proof of purchase including date of purchase and price paid.
4. The warranty has been transferred.
5. 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 good 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 goods 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 exorbitant.
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 endeavors to negotiate a valid replacement provision with the same or similar economic 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
WEBSITE TERMS AND CONDITIONS OF USE
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this Site under the domain name and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Site.
Using this Site indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Site.
This notice is issued by DIGIPRINT SUPPLIES™
The following words and expressions shall have the following meanings unless the context otherwise requires:
includes, without limitation: using the Site as part of advertising which may result in revenue generation or personal gain, selling Goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, commercially exploiting or duplicating any element of this Site whatsoever;
means DIGIPRINT SUPPLIES™ C/O Big Fish SPRL a company registered in Belgium with registration number 892.154.431 whose registered office is at 65 bte 11, avenue Louise, 1050 Brussels;
2.1 You may access most areas of this Site without registering your details with us. Certain areas of the Site are only open to you if you register.
2.2 By accessing any part of this Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Site immediately.
2.3 The Company may revise this legal notice at any time by updating this posting. You should check this Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
3.1 You are permitted to print and download extracts from this Site for your own use on the following basis:
3.1.1 no documents or related graphics on this Site are modified in any way;
3.1.2 no graphics on this Site are used separately from accompanying text;
3.1.3 the Company's copyright and trade mark notices and this permission notice appear in all copies.
3.2 Subject to clause 3.1, no part of this Site may be reproduced or stored in any other site or included in any public or private electronic retrieval system or service without the Company's prior written permission.
3.3 Any rights not expressly granted in these terms are reserved.
3.4 You must not visit or use the Site for the purposes of Commercial Gain.
4. Service Access
4.1 While the Company endeavours to ensure that this Site is normally available 24 hours a day, the Company shall not be liable if for any reason the Site is unavailable at any time or for any period.
4.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
5. Visitor Material and Conduct
5.2 You are prohibited from posting or transmitting to or from this Site any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2 for which you have not obtained all necessary licences and/or approvals; or
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Belgium or any other country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Site (including, without limitation, by hacking).
5.4 The Site contains robot exclusion headers. Third parties may license information on the Site to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
5.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clauses 5.1, 5.2, 5.3 or 5.4.
6. Links to and from other Websites
6.1 Links to third party websites on this Site are provided solely for your convenience. If you use these links, you leave this Site. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.
6.2 You must seek and obtain the written consent of the Company before creating any link to this Site. All authorised links to this Site must be to the home page of this Site and make it clear that this Site and its content are distinct from the website containing the link.
7. Information contained on the Site
7.1 While the Company endeavours to ensure that the information on this Site is correct, the Company does not warrant the accuracy and completeness of the material on this Site. The Company may make changes to the material on this Site or described in it, at any time without notice. The material on this Site may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extended permitted by law, the Company provides you with this Site on the basis that the Company excludes all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Site.
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.
8.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
8.2.1 death or personal injury caused by the Company's negligence; or
8.2.2 fraudulent misrepresentation; or
8.2.3 any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.
8.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance with Belgian law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Belgian courts.
VAT Number: BE 0892.154.431
Big Fish SPRL, 65 bte 11 avenue Louise, 1050 Brussels, Belgium (RLP Brussels)