These general conditions and professional uses are valid for all our offers, works, agreements and deliveries.
The principal is the one who placed the order, the supplier is the one who agreed to execute the order.
The fact of handing over to the supplier the production elements (raw materials, model, copy, and / or digital files, …) with the request, without explicit reservation, to provide a proof or a project, constitutes a commitment to -vis the supplier to entrust him with the execution of the work or to compensate him for the costs incurred.
The supplier’s offers are non-binding and subject to sale or sufficient stock. When wages and / or prices of raw materials increase, the prices of the offers will be revised in accordance with the indexation formula of Febelgra, which will be sent at the first request to the client. The offers are always established without taxes, which always remain chargeable to the ordering party unless otherwise indicated.
The period of validity of an offer is one month for work to be carried out within three months. The price of the offer is only valid for the work mentioned in it.
In the case of combined quotes, there is no obligation to provide part of the work against payment of the corresponding part of the total price.
Each person or company that places an order and requests to invoice it to a third party, is personally responsible for its payment, even if the supplier has accepted this type of invoicing, with the exception of the case where the third party has co-signed the order form. .
COPYRIGHT NOTICE AND PROVISION OF NAME OF SUPPLIER
The supplier is not responsible for infringements of reproduction rights held by third parties provided that he has performed his reproduction work in good faith. Only the client is responsible. Each dispute over reproduction rights suspends the performance of the work.
If required by law, the principal cannot oppose the mention of the name of the supplier, even if the print job already mentions the name of a publisher or an intermediary, an agent advertising or others.
COMPOSITION, SUPPLIER MATERIALS, TESTS AND GOODS
The type of character as well as the layout will be freely chosen by the supplier. The supplier is not responsible for the typographic quality of the ready-to-print models or the page layout files it receives from the client.
If the client makes equipment available to the supplier, it must be delivered on time (in accordance with the production calendar), carriage paid, duly packed, to the supplier’s premises. Signing for receipt of transport documents only confirms receipt of said material.
If the client provides digital prepress material, not accompanied by a printed version, the supplier is not responsible for the flashing result.
If the client makes digital files available to the supplier, he is himself obliged to keep the original files and is responsible for the quality of these files.
Apart from deception and gross negligence on the part of the supplier, his staff or subcontractors, any difficulty or delay in production, resulting from problems relating to the materials supplied, will extend the delivery time and increase the price at cost due to the above problems.
At the request of the principal, the supplier performs a simple test such as a laser print, an ozalid or an imposition test. Proofs taken care of e.a. in true colors and / or on print paper, will be invoiced in addition.
If the client does not request a test, the supplier is in no way responsible for the quality of the finished product.
The supplier is required to correct errors in composition and hyphenation of words indicated by the client, but it can in no way be held responsible for spelling errors, linguistic and grammatical errors. Any modification of the original order in any way whatsoever (in the text, in the manipulation or location of the illustrations, in the formats, in the printing or binding work, etc.) made in writing or of any otherwise, by or on behalf of the principal, will be invoiced in addition and will extend the lead time. This also applies to the downtime of the machines while waiting for the “pull-through”. The modifications transmitted orally or by telephone will be executed at the risk and peril of the client.
The transmission by the client of a “proof to print” duly dated and signed, releases the supplier from any responsibility concerning errors or omissions which may be noted during or after printing. The “good-to-print” remains the property of the supplier and will serve as proof in the event of a dispute.
If the client wishes the supplier to keep production elements such as compositions, films, montages, cut-outs, projects, drawings or diskettes, he will agree in writing with the supplier before execution of the order. The conservation is carried out at the risk of the client, who expressly releases the supplier from any responsibility relating to the conservation (in particular loss or damage) except in the event of fraud or gross negligence on the part of the supplier. The offset plates are not kept.
The deadlines set in writing when ordering begin to run on the working day following the delivery of the necessary items in accordance with and having received the payment indicated in the offer. The agreed delivery times will be at least extended by the delay if the client remains in default to provide the necessary elements, or to send back the corrected proofs or the “proof of proof”. In the event of force majeure, and more generally, in all circumstances which prevent, reduce or delay the performance of the work by the supplier, or which cause an excessive aggravation of the commitments made by the latter, the supplier is relieved of all responsibility, he can reduce the commitments, break the agreement or cancel its execution, without being required to pay any compensation. Such circumstances are inter alia: war, civil war, mobilization, unrest, epidemic, pandemic, strike, lockout, both for the supplier and for these co-suppliers, breakdown of machinery, fire, interruption of means of transport , difficulties in the supply of raw materials, materials and energy as well as restrictions or prohibitions imposed by the authorities.
PERIODICALS – NOTICE
The principal may not withdraw from the supplier the execution of a work of periodic type, that is to say a work made up of recurring partial works, only subject to compliance with the notice periods fixed below. The notice must be served by registered letter. In the event of non-compliance with the deadlines, the client will compensate the supplier for all the damage incurred and the loss of profit suffered during the period of non-compliance.
Period of notice:
– 3 months for periodic work representing an annual turnover of less than 7,500 EUR;
– 6 months for periodic work representing an annual turnover of less than 25,000 EUR;
– 1 year for periodic work representing an annual turnover of 25,000 EUR or more.
For paper, cardboard and binding material used by the supplier, the client accepts the tolerances defined by the manufacturers of this material.
The supplier can deliver and invoice 5% (for a minimum of 100 copies) of the copies ordered more or less. For printed matter requiring a complex or particularly difficult finish, the supplier can deliver and invoice 20% (for a minimum of 200 copies) of the copies ordered more or less. The extra or less copies are always calculated at the price of additional copies.
All work will be carried out with the raw materials normally available. All special requirements, such as unalterable ink or suitable for food products, must be communicated to the client when requesting a price. If these requirements are passed on later, this can lead to price adjustments.
The perfect agreement of the colors to be reproduced, as well as the perfect invariability of the inks, inking and marking are not guaranteed. The differences, specific to the type of work to be performed, will be expressly accepted by the client.
WITHDRAWALS, CLAIMS AND LIABILITY
Each customer has the right, without giving a reason, to abandon his purchase during the legal reflection period of 14 days. This period begins to run from the date of receipt of the purchase by the customer, or from a time determined by mutual agreement between the seller and the customer (or the customer’s representative). During the reflection period, the customer will keep the products received and their packaging in good working order. If the customer wants to make use of his right of withdrawal, he must return all the products in their original packaging to the attention of “La Papeterie d’Ixelles sprl (Megacopy.be), 35 Rue de la Paix at 1050 BRUXELLES ” The possible costs in the event of withdrawal are limited to the costs of returning the products received. If the customer has already paid for the returned products, the amount will be refunded within 30 days after receipt of the returned items.
PLEASE NOTE: The right of withdrawal does not apply in the case of delivery of products made to measure according to the customer’s specifications. More information on this in article 19 which follows.
The right of withdrawal cannot be applied for the delivery of goods manufactured to the customer’s specifications, or which are clearly intended for a specific person. La Papeterie d’Ixelles sprl (Megacopy.be) cannot therefore take back the products purchased within the time limit of 14 days, since the goods have been manufactured to customer specifications and the goods are clearly personalized. This completely cancels the right of withdrawal on goods purchased from Papeterie d’Ixelles sprl (Megacopy.be).
Under pain of forfeiture of his right, the originator must send any claim or dispute to the supplier by registered mail, within 14 days of the first delivery of the goods. If the originator does not take delivery of the goods, the period of 14 days begins to run from the date of the invitation to take delivery of the goods and, failing this, from the date of invoicing.
If the supplier does not receive a complaint within this 14 day period, the originator is considered to accept all the goods.
If the ordering party uses part of the goods delivered, has them sent by post to third parties or entrusts them to a distribution company, it is considered to accept the entire draw. The defects noted on part of the delivered goods do not allow the client to refuse the entire order. The supplier cannot be held responsible for indirect damage caused to the client, such as loss of profit.
The supplier’s liability is limited to the recovery of non-conforming copies, the reimbursement of which will be calculated at the price of additional copies.
CONTRACTOR MATERIALS – RISKS
Delivery takes place in the supplier’s company, packaging and transport being at the expense of the client. The latter is responsible for the risks that the goods run during transport.
The supplier is not responsible for the storage of the goods to be delivered. It is the responsibility of the customer to provide all the correct data in order to make delivery possible. If a delivery is still returned by the delivery company, Papeterie d’Ixelles sprl (Megacopy.be) undertakes to keep the returned goods for a maximum period of 1 month from receipt of the return by Papeterie d ‘Ixelles sprl (Megacopy.be). If during this reasonable period, the customer does not mention this return, the goods will be destroyed without possible recourse. During this period, the customer benefits from his right of initiative and can at any time contact Papeterie d’Ixelles sprl (Megacopy.be) to set a new delivery time.
All the materials (paper, films, information media, etc.) entrusted by the principal and which are in the supplier’s business, remain there on behalf of and at the risk of the principal, who expressly releases the supplier from any liability whatsoever, inter alia in the event of deterioration or loss, complete or partial, and for any reason whatsoever, except in the event of fraud or gross negligence on the part of the supplier , its staff or subcontractors or when the aforementioned deposit constitutes one of the main services of the agreement. The same applies to goods intended for the principal. Unless previously agreed, all deposit costs will be charged to the account from the date notified to the originator. In the absence of payment by the agreed date, the goods will be kept as security and as a pledge of the amounts due.
PAYMENT – JURISDICTION
When ordering, payment of a deposit of one third of the amount may be required, the same deposit upon receipt of the “proof to print” and the balance on delivery. Drafts, checks, money orders or receipts do not entail any novation or derogation from this clause. From the due date, each unpaid invoice will automatically and without notice, default interest equal to the key rate of the European Central Bank, increased by seven percentage points and rounded up to half a percentage point superior. When the principal invoice and interest are not paid within 15 days of sending a registered letter, the debt will be increased by additional compensation, conventionally set at 15% of the amount due on the due date. , with a minimum of 50 EUR.
In addition, where applicable, the supplier has the right to demand immediate payment of all invoices (not yet due) and of all other amounts, for which the supplier has granted payment terms to the originator. The supplier therefore also has the right to suspend the execution of contracts in progress until the client has paid the aforementioned installments.
In case of delivery (s) on request, the amount of the entire order will be invoiced on the first delivery.
If, at the request of the principal, the order is canceled or its execution suspended, invoicing will be calculated on the basis of the progress of production (wages, paid work, purchases of raw materials such as illustrations , subcontracting, etc.). This amount will be increased by 10% due to compensation.
The ordering party will only become the owner of the goods sold after full payment of the amounts due. However, the risks that the goods may incur will be borne by the client as soon as they are made available to him.
All disputes fall under the jurisdiction of the courts in which the supplier’s business is established.
THE CLIENT’S RESPONSIBILITY WHEN ORDERING POLICY PRINTED MATTERS TO WHICH A 6% VAT RATE APPLIES
A)-The applicable VAT rate
Printed matter is in principle subject to the standard VAT rate of 21%. However, under certain conditions, a political party and its members can benefit from a reduced VAT rate of 6%. These include election posters, broadcast letters, flyers, brochures, etc. for which the rate of 6% VAT applies. This concerns printed matter intended for public knowledge and not for commercial advertising.
Other election forms such as notices, ballots, but also letterheads, envelopes, postcards, calendars, business cards, personalized mailings, etc. are subject to the standard VAT rate of 21%
The customer who places the order is responsible for choosing the right VAT rate and can be held responsible if the percentage is reduced. Papeterie d’Ixelles sprl (Megacopy.be) declines all responsibility for the choice of a reduced VAT rate, made by the customer, and reserves all rights to draw up a corrected invoice, immediately recover all costs, increase VAT and demand payment from the customer.
The customer discharges the order of Papeterie d’Ixelles sprl (Megacopy.be) by taking all responsibility concerning the applicable legislation on VAT, and irrevocably takes into account all the consequences of a bad application.