Terms and conditions of sale Custom-made products

The General Sales Conditions for custom-made products can be viewed by clicking on the link below:

SEE TERMS AND CONDITIONS FOR MADE-TO-MEASURE PRODUCTS

General terms and conditions of sale Custom-made cuddly toys

Click on the link below to view the General Terms and Conditions of Sale for made-to-measure plush toys:

SEE C.G.S. FOR MADE-TO-MEASURE CUDDLY TOYS

Terms and Conditions Mascots

ARTICLE 1: APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE

The present general terms and conditions of sale are systematically written on documents, addressed or handed to each buyer, enabling him to place an order. Consequently, the act of placing an order implies the buyer’s full and unreserved acceptance of these terms and conditions of sale, to the exclusion of all other documents such as prospectuses and catalogs issued by the seller, which are for information purposes only. The fact that the seller does not avail itself at a given time of any of the present general conditions of sale may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

ARTICLE 2: QUOTATIONS AND ORDERS

Orders are not final until they have been confirmed in writing. This confirmation will result from the signature of an order form, an order confirmation, the quotation and, more generally, the print order. In the case of confirmation by return of the print order, it is expressly stipulated that acceptance is made under the conditions of the quotation previously submitted or, where applicable, of the production file alone. In any case, 2G PUBLICITE is only bound by orders taken by its representatives or employees subject to this written and signed confirmation.

Acceptance may also result from the delivery of goods and the performance of services. In all cases, with the exception of repeat orders, a print order will be sent to the customer, summarizing the characteristics, notably graphic, of the services ordered. 2G PUBLICITE will then only be contractually bound by the characteristics defined by this print order and accepted by the customer. 2G PUBLICITE also reserves the right to use industrial or market subcontractors. Any mock-up or study not followed by an order confirmation within two months of being made available will be invoiced on a time-spent basis in accordance with 2G PUBLICITE’s cost scales, a copy of which has been given to the customer beforehand.

About Planet Mascots :

– For new orders, a deposit of 50% of the total amount is required. Once the choice of fabrics has been validated, this deposit cannot be recovered in the event of order cancellation. Furthermore, in the event of cancellation (before the mascot is ready for shaping, no extra charge will be made). The full amount of the order will be required once the mascot is in the construction phase (photo shared structure).

– In the case of an order renewal, the elements making up the previous file will be included in their entirety. No proofs will be sent unless requested by the customer. A 50% deposit is required. Renewal of an order without specification by the customer of any modifications is equivalent to the launch of production, ordering of materials, etc. In the event of order cancellation: the deposit will be considered as due if the cancellation is not made within 7 days of order validation. If cancellation occurs before the mascot is ready, no additional charge will be made. The full amount of the order will be required once the mascot is in the construction phase (photo shared structure).

ARTICLE 3: DELIVERY AND PERFORMANCE OF SERVICES

Delivery of goods is made by direct handover to the purchaser on the premises of Société 2G PUBLICITE, unless otherwise stated. In the latter case, 2G PUBLICITE will not be responsible for the delivery of said goods. Delivery will be made by a private carrier at the risk and peril of the recipient. Services will be carried out within the contractually defined deadlines if this is the case and, failing this, within reasonable deadlines taking into account, where applicable, bad weather and supply constraints. In any event, overruns of delivery and completion deadlines may not give rise to any damages or interest, or even to any cancellation of orders in progress. Under the terms of the present general conditions of sale, the following non-exhaustive list is considered to be a case of force majeure which relieves 2G PUBLICITE of its obligation:

– war, riot, fire, strikes, accident, inability to obtain supplies…

2G PUBLICITE will keep its customer informed, in a timely manner, of the cases and events listed above.

In any event, the delivery of goods or products and the provision of services on time can only take place if the purchaser is up to date with his obligations towards 2G PUBLICITE, whatever the cause. Quantity tolerances affecting delivery will be plus or minus 2% to 10% of the quantities shown on the order, depending on the print run. Quantitative tolerances affecting continuous delivery will be those practised by professionals in the graphics industry, varying according to the complexity of the documents. The quantity tolerances for advertising objects delivered may vary by plus or minus 10% in relation to the quantity ordered; in all cases, only quantities actually delivered will be invoiced.

ARTICLE 4: CONFIDENTIALITY

Studies, models, plans, drawings and, more generally, all documents delivered or sent by 2G PUBLICITE remain its sole property: they may not be communicated to third parties for any reason whatsoever.

ARTICLE 5: INTELLECTUAL PROPERTY RIGHTS

For any order involving the reproduction of an object, logo, design or, more generally, any creation protected by the provisions of the French Intellectual Property Code, in particular by copyright, the customer must at the very least assert the right to reproduce the object, logo, design or, more generally, any creation protected by the provisions of the French Intellectual Property Code, in particular by copyright, the customer must at the very least assert the right to reproduce the object, logo, design or, more generally, any creation protected by the provisions of the French Intellectual Property Code, in particular by copyright. In any case, if it turns out that the customer does not hold any of the aforementioned rights, 2G PUBLICITE cannot be held liable under any circumstances. Consequently, 2G PUBLICITE remains the sole owner of the copyrights generated by its original creations, for the entire duration of the protection to which said creations may be subject, and for all countries where such protection may be recognized. No transfer of said rights is therefore granted to the customer, unless expressly stipulated otherwise.

ARTICLE 6: PRICES – PAYMENT TERMS – PENALTIES

2G PUBLICITE’s prices are stipulated exclusive of tax, and are denominated and payable in euros. The amount of these prices is specified in orders or quotations. Any sum not paid by the due date shown on the invoice issued by Société 2G PUBLICITE shall automatically give rise, by way of penalty clauses and for the application of Law 92-1442 of December 31, 1992 as amended, to a penalty for late payment calculated by applying, to the total sums remaining due, an interest rate equal to one and a half times the legal interest rate, all in derogation of article 1153 of the French Civil Code. Moreover, in the event of non-payment of the penalties invoiced, the customer will lose the discounts and rebates granted up to the amount of the penalties due.

ARTICLE 7: TRANSFER OF RISK

The transfer of risks on products ordered from 2G PUBLICITE, even if the parties have agreed to delivery carriage paid, takes place upon dispatch from the premises of 2G PUBLICITE. In the event of damage, loss or shortage, it is the responsibility of the purchaser to make any reservations or exercise any recourse against the carrier responsible, in application of the legal provisions of the French Commercial Code governing this matter.

ARTICLE 8: RETENTION OF TITLE CLAUSE

It is expressly stipulated that the products ordered are sold with a clause subordinating the transfer of their ownership to full payment of the price in principal and accessories. In this respect, it is understood that the mere delivery of a bill of exchange or other instrument creating an obligation to pay does not constitute payment within the meaning of the present clause, and 2G PUBLICITE’s claim on the customer shall remain with all the guarantees attached thereto, including retention of title, until the said bill of exchange has been effectively paid. The above provisions do not prevent the transfer to the customer of the risks of loss or deterioration of the goods subject to retention of title, or of any damage they may cause, upon delivery of the goods. The purchaser must take out insurance to cover the risks arising from delivery of the goods. As long as the price has not been paid in full, the purchaser must individualize the goods delivered. Failing this, the seller may demand reimbursement or take back any goods still in stock. In the event of seizure or any other intervention by a third party on the goods, the purchaser must inform the seller without delay, in order to enable the seller to oppose the seizure and preserve its rights. In addition, the purchaser shall refrain from pledging or transferring ownership of the goods by way of security.

ARTICLE 9: GUARANTEES

2G PUBLICITE is bound by the legal warranty for hidden defects, as stipulated in articles 1642 et seq. of the French Civil Code. Defects and deterioration caused in particular by improper storage, abnormal use of the products, by an external agent, or by modification of the product not specified by the seller, are expressly excluded from the warranty. The warranty is also excluded if the defects or deterioration observed result from materials supplied by the customer. Furthermore, the warranty for apparent defects will only apply if the customer invokes it under the following conditions:

– In order to be valid, all complaints must be accompanied by proof of the defects or non-conformity of the goods delivered and sent to 2G PUBLICITE within five days of receipt of the goods. Failing this, no return of goods will be accepted by 2G PUBLICITE, which is free to refuse unjustified claims.

– all product returns must be the subject of a formal agreement between the seller and the purchaser. Any product returned without this agreement may under no circumstances give rise to the issue of a credit note. In any case, the defectiveness of a part of the goods noted by 2G PUBLICITE, and subject to the above stipulations, may give rise to the exchange of said goods or the establishment of a credit note, but shall in no way motivate or justify the rejection of the totality of the goods delivered.

ARTICLE 10: JURISDICTION – DISPUTES

The interpretation and execution of these general terms and conditions, as well as all acts which complete or follow them, will be exclusively subject to French law. Any dispute relating to the performance or interpretation of these terms and conditions shall be subject to the jurisdiction of the Tribunal de Commerce de CLERMONT-FERRAND, if the co-contractor is a merchant, and of the Tribunal de Grande Instance or Tribunal d’Instance of the defendant’s domicile if the co-contractor is not a merchant, including in the event of summary proceedings, third-party proceedings or multiple defendants.