Backdrop-print.com is a popriety of LBF
General Conditions of Sale and Delivery
I. General - Validity conditions
All our contracts are subject to these General Terms and Conditions (GTC). They also apply to any future business relationship without being explicitly mentioned.
Customer requirements, conflicting or differing from ours, are not recognized except in cases where they have been accepted by LBF before concluding the contract. They will be valid only for the contract for which they were concluded. Our GTC also apply in the event that we shipped the customer without reservation, but with knowledge of its conflicting or differing conditions.
II. Offer and conclusion of contract
A contract offer is made by the client when it sends a command. The contract becomes final when the customer receives a confirmation email of the order by LBF.
If the client indicates a different delivery address, the contract is nevertheless confirmed. In case the customer would act under a warrant issued by a third party, the contract is made exclusively with the third party in power presentation condition and under condition express confirmation of the contract by LBF. In any other case, the address of delivery different and unimportant for carrying out the contract.
LBF reserves the right to refuse any order and terminate exceptionally and without notice any contract already concluded assuming the transmitted data reveal a printed pornographic, racist or politically extremist or which violates French law.
III. Pricing and Billing
All prices include packaging, transport, postage and tax value added, unless otherwise specified in the order confirmation.
Prices shown are subject to the express condition that the customer does not subsequently change the delivery time stated in the original offer.
The costs arising from subsequent changes in customer demand will be a special billing.
Shipping charges include a single shipment to the shipping address provided by the customer. It is the same for the costs occasioned by the refusal of the bank to make payments.
LBF only sends invoices with qualified electronic signature. These bills give unrestricted right to deduct input tax. The customer declares his consent to this form of transmission of invoices when submitting its offer. The bill is not a deadline condition of the sums due by the customer.
IV. Delivery and delivery
Delivery times apply only to deliveries on the territory of Metropolitan France. Delivery times are indicative only. A firm deadline must be expressly agreed with LBF and indicated by it. The delivery time indicated is the expected delivery time (warehouse).
The delivery period begins to run from the dispatch of the order confirmation of the business day on which all production data were received by LBF. The delivery time is indicated in working days. Business days are Monday through Friday, except holidays.
The delivery is considered to have been met if the goods have left the deposit before the deadline or if the availability of the goods has been reported. The respect of the delivery period is subject to flawless and timely receipt of the goods at LBF.
If LBF is not able to meet the agreed delivery period, the customer must notify in writing an extension of the proper term. After expiry of that period, the customer will be entitled to terminate the contract.
LBF is not responsible for any delay in delivery or delivery of achieving impossible due to external events (including strikes, closure, administrative orders or other unforeseen impediments) and even in cases where these events occur at suppliers or among their subcontractors, provided that LBF to furnish proof that these impediments have considerable influence on the completion or delivery of the goods.
LBF will have the right either to postpone the delivery or performance endures as long as the hindrance plus an appropriate period of recovery of the course of business, or to terminate the entire contract or in part. If the circumstances outlined above make it impossible to perform the service, LBF is released from its obligation. LBF is required to notify the customer immediately impediments.
V. Risk Transfer
When the customer is a trader within the meaning of Article L.121-1 of the Commercial Code, the risk due to loss or random deterioration passes to the customer with the physical delivery of the goods subject the contract to the person in charge of the expedition, but at the latest upon departure from the deposit for shipment to the customer, no matter who bears the costs of transport and also if the transport is performed by an employee of LBF. If the shipment of the goods ready for shipping or receipt at the customer is delayed for reasons that are not within the responsibility of LBF, the risks are transferred to the customer pursuant to Article L. 121-1 of the Code Trade at the time of receipt of the shipment notification by the customer.
If the customer is a consumer, the risk of random loss or deterioration passes to the customer with the physical delivery of the goods to the customer. This applies even if the client is slow to accept the goods.
On customer request and expense, LBF can ensure the expedition against the damage covered by insurance.
VI. print data, audit requirement
LBF performs all printing orders exclusively on the basis of data provided by the customer. These data must be transmitted exclusively in the formats and specifications that are designated in the customer's computer index. Flawless printing is not guaranteed for differing formats or specifications.
The customer has to check carefully the data transmitted by him to LBF. LBF did not conduct such an audit. The risk of any defects result in inaccurate data is to be borne by the customer.
On the customer's request and to the extent technically feasible, LBF can also handle formats other than those listed in the client brochure. In case of errors that might occur following the conversion of data formats, which can be treated by LBF, these errors are not borne by LBF. The customer states bear the risk of conversion itself.
If the print data is not transmitted in CMYK, LBF can convert this data. When RGB data conversion or ICC color profiles, color differences from the original occur regularly. The customer assumes responsibility for such differences in color. If the client transfers the print data by a mode other than CMYK, it expressly declares to assume the risk of conversion.
Obvious defects in the goods delivered must be reported to LBF within two weeks of receipt. The date of dispatch of the act of denunciation is authentic.
A claim based on the failure by the customer of the information given by LBF concerning the conditions for the print data will not be accepted. This is particularly true RGB color printing products is too low resolution or use of inappropriate policies.
A slight color difference is not considered a defect. This also applies to color differences from a previous order which was printed at LBF.
The customer must agree in case of lower or higher deliveries of 10% from the ordered quantities. In this case, the invoiced amount is the quantity delivered.
If the delivered goods are defective or insured features it lacks, LBF held under the exclusion of other customer warranty, depending on the choice of LBF: (i) replace or (ii) repair the commodity. If LBF let expire the additional period granted by the customer for repair without performing the replacement or repair of the defect or if the repair is unsuccessful, the customer may request a refund of the price and repay the thing (crippling share) or ask for a price reduction (estimatoire share) under the exclusion of any other application. LBF is responsabl for shipments of replacement and repair work in the same way that pure delivery of the original goods.
If only part of the delivery has defects, the customer may not challenge any delivery.
The limitation period for any warranty is one year.
LBF is held in the remedy for damages resulting from willful misconduct or gross negligence. His liability is excluded for damages that do not affect the delivery item itself; it is excluded in particular regarding any lost profits or other property damages of the customer.
The limitation of liability clause above does not apply to damage resulting from injury to life, limb or health that are caused by an intentional violation or neglect of obligations from LBF to its representatives or agents.
Insofar as the liability of LBF is excluded, this exemption also applies to employees employed, employees, business agents and servants.
X. Property, Archiving, Copyrights
Data carriers manufactured and used by LBF during production are the property of LBF.
Computer data and other objects that can be reused during subsequent orders and any finished product half or fully, are neither stored nor transmitted at LBF to the customer once the delivery period expired.
LBF products are exclusively derived from the information provided by the client and content in transmitted print data. LBF has no influence on the content of print products. The customer provides to own all the rights to use, transfer and release of data transmitted, especially for text or image. The customer is responsible for violation of third party protective rights and the content of its products is without offense against the law of the French Republic. The customer exempts LBF san no reserve in case it uses the latter including infringements of copyright or due to the use of donated that have been made available by the customer.
XI. title retention clause
If the customer is a consumer, LBF reserves the ownership rights for the goods delivered until full payment of the corresponding price agreed in the contract.
If the customer is a trader, LBF reserves the right of ownership until full settlement of all services provided within the framework of trade relations between the parties. The customer has the right to resell the goods. If the customer is an entrepreneur, he is required - if unpaid - sell already all claims arising from the resale to its sub-purchasers, up to the aggregate amount of the invoice (including VAT). LBF is committed by this agreement to accept the claims of his client. After the sale, the customer remains entitled to collect / recover the debt. This has no impact on allowing oneself to recover the debt. LBF undertakes however not to proceed with recovery of the debt if the customer fulfills its payment obligations, if it is not late payments and if the risk of insolvency can be excluded. If such a risk exists, LBF may require his initial client indicates the assigned claims, the identity of the debtor and provide all necessary information and documents relating thereto. The customer is required to provide this information at his own expense and inform the debtors (third parties) of the assignment of the debt held by the binding on the parties. If the customer delays in payments, LBF may withdraw the debt collection license from third parties. LBF is committed not to maintain the security of client assets exceeding 20% of the nominal value of its claims against his client. LBF has a choice in the selection of securities to retain r.
In the event of a contractual breach and especially in case of late payment, LBF has the right to take back the goods and the customer is obliged to return it. The recovery of the goods is not considered a withdrawal from the contract, unless LBF has expressly declared.
XII. Maturity, Compensation, Lien
Unless otherwise indicated in the order acceptance, the total price is payable upon conclusion of the contract (in receipt of the notice of acceptance of the order).
The costs inherent in financial transactions with the customer.
The customer can not claim compensation with a debt due and non-contested. The client can exercise his right of retention insofar as the claim that submits results from the same contractual relationship.
XIII. Applicable Law, Jurisdiction, Severability
These general conditions of sale and all legal relations between the seller and the buyer are governed by French law.
To the extent where the contracting parties are merchants, legal persons of public law or public institutions, the courts of the seat of the company LBF are responsible for any litigation concerning the contractual relationship. LBF, however, reserves the right to assign the customer before any other competent court under the French rules of civil procedure.
The nullity of a clause of these terms or a regulation under another agreement, do not affect the validity of all these terms.