VERSION N° 1 - DATE OF ONLINE PUBLICATION: 05/02/2018
FOR PUBLISHER CONTACT SEE ARTICLE 3
The present General Terms and Conditions describe the entire agreement between and the website and the customer. They may be modified at any time by the publisher or one of its representative. The General Terms and Conditions applicable to the user are those in effect on the date of the connection to the site.
These General Terms and Conditions are governed by the laws of Belgium and will be interpreted in accordance with the Belgian courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the General Terms and Conditions of the current website.
Article 1 - Definitions
The below listed words define :
∙ «Site» or «Website»: the website
and all its pages, built by the Publisher.
∙ «Products»: all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
∙ «Publisher»: MMOV sprl responsible for editing and publishing content on the site. Full details can be found in the article 3 of the present General Terms and Conditions.
∙ «User»: the person visiting and using the site.
∙ «Customer»: the user buying a product or service on the site
∙ «Consumer»: as defined in the European Directive on Consumer Rights, a user who is acting outside their trade, business, craft or profession . Any client as a legal entity, or a person who communicates a VAT number when ordering, is automatically considered as a professional.
Article 2 – General terms and condition’s application and site purpose
Legal mentions concerning the website host and publisher can be found in article 3 of the present General Terms and Conditions.
Web site policy regarding the gathering and use of its users data can be found in the website Personal data protection charter.
The following products are sold on the site : printing of documents, and products derived from these impressions.
The site is freely accessible to all Internet users.
The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current General Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter.
For instance the collection of this acceptance can be materialised as a checkbox next to a sentence similar to: "I have read and accepted the terms and conditions of this site". Ticking this box will be considered to have the same value as a handwritten signature from the user.
The acceptance of these General Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
Article 3 - Identification of the website’s publisher and hosting service.
The site https://www.paperit.com is published by MMOV SPRL, registered with the national Register for legal entities Belgium (BCE – Banque Carrefour des Entreprises) under number 666.881.235, whose registered office is located at Lescours, 6, 4653 Bolland (Herve).
Intracommunity VAT No: BE 0666.881.235.
Publication Director: Olivier Mallue, Manager of MMOV SPRL, can be reached at email@example.com
The site is hosted by Cloudlab Sales & Management GmbH in the Level 3 Communications GmbH datacenter, In der Steele 37A, 40599 Düsseldorf, Germany.
Article 4 - Geographical and linguistic limitations of use
The use of the services of the website is, for the moment, only available with the Latin alphabet.
The service is provided in French and English.
Article 5 - Utilisation de Cookies
A "cookie" allows the identification of the user of a site, the personalization of his site consultation and the acceleration of the display of the website thanks to the recording of a data file on his computer.
The website may use "Cookies" mainly to: 1) obtain browsing statistics to improve the user experience, and 2) allow access to a member account and content that is not accessible without connection.
The User acknowledges being informed of this practice and authorizes the publisher of the site to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition. T
he User may refuse the registration of "Cookies" or configure his browser to be warned prior to the acceptance of "Cookies". To do this, the User will proceed to the setting of his browser:
∙ For Internet Explorer : Internet Explorer
∙ For Safari : Safari
∙ For Google Chrome : Google Chrome
∙ For Firefox : Mozilla Firefox
∙ For Opera : Opera
By blocking cookies, however, it is possible that some site features are no longer properly technically assured (including management of member account). A Personal data protection charter is published on this website.
Article 6 - Intellectual property rights relating to information published on this site
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.
Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
This site uses elements (images, photographs, content, announcements and derivatives) whose credits go to the creator mentioned on the product page. These elements were created specifically for the site Paperit.com and the related intellectual property rights belong exclusively to the Publisher.
Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweaving, distribution and reruns incurs to penalties foreseen in the Belgian Law.
The creation of hyperlinks that refer to the home page of the website or to any other page in its entirety (surface linking) is allowed without prior request. On the other hand, the use of any technique aimed at including all or part of the website in another website by hiding, at least partially, the exact origin of the information or potentially confusing the origin of the information, such as framing or in-linking, requires the prior written permission of the Publisher.
Article 7 - Exemption from publisher's liability in the execution of this contract
In case of impossibility of access to the website, due to technical problems of all kinds, the User will not be able to claim damages and can not claim any compensation.
The unavailability, even prolonged and without any limitation period, of one or more products, can not be constitutive of a prejudice for the User and can in no way give place to the grant of damages and interests on the part of the site or from his publisher.
The hypertext links on this website may refer to other websites and the responsibility of the Publisher of this site can not be engaged if the content of these sites violates the laws in force. Similarly, the responsibility of the Publisher of this site cannot be engaged if the visit, by the user, of one of these sites, caused him harm.
Article 8 - Liability
The Publisher of the site can not be held liable for damage resulting from the use of the Internet such as data loss, intrusion, viruses, disruption of the service of the site, or others.
The Publisher of the site, especially in the online sales process, is bound only by an obligation of means.
The Publisher can not be held liable for breach of contract due to a force majeure event.
Regarding purchased products, the Publisher shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise. The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, or damaged good.
In case of non-receipt of an order or part of order, the customer has 30 days, from the date of delivery, to come forward to unilaterally cancel the order. Beyond this deadline, no claim will be accepted.
The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :
∙ any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
∙ any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
∙ the advertisements content and other links or external sources the user may access through the site.
Article 9 - Characteristics of products and services offered and customer service
The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier.
A perfect similarity with the physical products not being guaranteed, the photographs and visuals of the products presented on the site have no contractual nature. In the case of a printing service, although the Publisher uses high quality printing machines and techniques, the user's attention is drawn to the technical margin of error of the printing machines. (including offset, contrast, colors), as well as the user's screen setting parameters (including resolution, contrast, intensity, and color saturation) that can cause a significant difference between the display on the screen and the
printing that will be provided on paper. The responsibility of the Publisher of this site can not be engaged if the characteristics of the objects differ from the visuals present on the site or if they are incomplete at the level of the personalized elements.
The site customer service is available by e-mail at the following address: firstname.lastname@example.org or through mail at the address indicated in the article 3, in case of which the Publisher agrees to provide a response within 5 working days.
Article 10 - Prices
The prices listed in the catalog are prices shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order.
The Publisher reserves the right to pass on any change in the VAT rate to the price of products or
services. The Publisher reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.
Article 11 - Member account
The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Creating an account is a prerequisite to the placing of any order on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information and to notify any relevant change to the Publisher.
The objective of data collection is the creation of a member account; this account allows the customer to check all orders made on the site with the account. The site publisher can not be
held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.
The publisher reserves the exclusive right to delete the account of any member who may have breached the Terms and Conditions of the site, including but not limited to the following cases :
∙ the member has knowingly provided false information during his or her registration and the creation of an account
∙ the member has been inactive on the site for at least a year
Article 12 - Closure of account
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
Article 13 - Order placing and purchasing process
The "Basket" will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them.
Main steps of the online purchase process on the site:∙ As soon as the user deems to have selected, personalized and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose
∙ The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products, as well as any shipping costs, will be listed for he or she to review.
∙ If he wants to validate his order, the user must access (via his username and password) to his member's area. If he does not have one yet, create an account, which requires to communicate in an online form a certain number of personal data, as well as to choose a username and a
∙ Once the user has completed and submitted the form, he / she will be invited to provide contact details for billing and delivery, as well as to choose a payment method and delivery method.
∙ Then, he or she must tick the dedicated checkbox to show acceptance of these General Terms and Conditions and hit the submit button “place order and pay”.
∙ From this moment, the contract will be established. He or she will be redirected to the online payment page where the user can make online payments or will access the required information to send a bank check.
∙ An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.
Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.
Article 14 - Prices and payment process
The user can place order on this site and pay by credit card, debit card, iDeal, Sofort banking, Paypal, bank transfert (SEPA).
No additional charges are required for online payment.
The credit card payments are made through secure transactions provided by an online payment platform provider. This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider.
If the user is paying by bank check or transfer, delivery time periods defined in these General Terms and Conditions shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. In case of non-receipt of payment within seven working days from the date of the online order, the Publisher may automatically cancel the order.
Article 15 - Delivery
The Publisher strives to make sure to mention on the description sheet of products displayed a possible out of stock.
Delivery charges are levied for the shipping of the order. They are calculated according to the tariff grid published on this site, according to the destination. In some cases mentioned in this grid, these delivery costs are offered to the customer.
Unless otherwise stated, the publisher promises to send the products within a maximum period of thirty (30) days after receiving the order.
- In the event of a physical delivery delay:
The Publisher will notify the user by e-mail within seven business days if he finds a shortage of the ordered product and will communicate the expected waiting time and / or propose an alternative.
If the delivery deadline is exceeded, the customer is invited to contact our customer service by e-mail, at the latest within 30 days (see article "limitation of liability").
Any delay in delivery more than seven working days compared to the announced deadline may result in the resolution of the sale on the initiative of the consumer, upon written request from him. There will also be resolution of the sale if the user does not react within seven business days to the e-mail indicating a shortage of stock. The consumer will then be reimbursed for undelivered products, within a maximum period of fourteen days, sums he has incurred when ordering. This clause is not intended to apply if the delay of delivery is due to a case of force majeure at the level of the preparation of the order or the delivery (see article of the present General Conditions of sale devoted to the liability). In such a case, the customer agrees not to take action against the site and its publisher and waives the right of cancellation of the sale provided for in this article.
- In case of anomaly in the physical delivery:
The customer must refuse a package at the time of delivery if he finds an anomaly concerning the external appearance of the package (tears, moisture traces, ... and other forms of deterioration); Any anomaly must then be indicated by the customer on the delivery note, in the form of handwritten reserves, accompanied by the signature of the customer. Any rejected product must be returned to the carrier as a whole and in its original packaging. Failure to comply with these requirements, the customer can not exercise his right of refusal, and the Publisher will not be required to accede to the request for exercise of the customer's right of refusal.
- In case of non withdrawal of the parcel:
As this is a custom product according to the customer's specifications, the Publisher will not make any refund if the parcel is returned by the delivery service because the customer has refused the package by mistake, or has been absent during the delivery and did not proceed to the recovery of the parcel with the carrier within the deadlines. The Publisher will contact the customer by e-mail upon receipt of the package in return to ask him to follow up on his order. the customer may request a return by paying the fees for the new shipment. These fees must be paid even for orders whose shipping costs were offered when ordering.
- In case of complaint concerning the ordered product (ex: defective):
see article 17 - Warranty of products bought by a Consumer of the present general conditions of sale.
Article 16 - No application of the right of withdrawal
The Site offers the sale of goods customizable by the customer, for which the right of withdrawal of Customers does not apply
Article 17 - Warranty of products bought by a Consumer
All products purchased by a Consumer on this website are protected by the following legal guarantees :
- Guarantee of conformity
The seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date. When the defect appeared in the 6 months which follow this date, it is presumed to have been present as soon as the delivery of the good. However, after this period of 6 months, it will be up to the customer to prove that the defect existed at the time of delivery
The user's attention is drawn to the impossibility of guaranteeing the non-alteration of the visual's ink over time, depending in particular on the intensity of exposure to light.
- Hidden defects guarantee
The customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and therefore does not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).
Claims must be made as soon as possible after having found a defective or non-compliant product, by post or by mail to the addresses indicated in the Article 3 of the present document. The Customer must make sure to describe in detail the encountered problem by attaching any element allowing to judge correctly the relevance of the complaint (by sending for example photographs).
Article 18 - Management of returns during the exercise of the warranty
After validation of the complaint, the Publisher may request the return of these defective products prior to any exchange / reprint. In that case, the product concerned must be returned to the address indicated in the article 3 of the present document, in its entirety and in perfect condition. If necessary, it must be accompanied by all its accessories. In order to properly process the request, the customer is asked to indicate the "return number" communicated by the Publisher in response to the return request, or to attach a copy of the invoice.
The customer will be asked to choose a suitable packaging and to protect the returned items inside the parcel as carefully as they were when it was delivered.
If the previous obligations are not carried out, the customer will lose the right of exchange.
refund and the product will be returned to him at his expense. Any defects resulting from clumsiness or mishandling of the customer can not be attributed to Paperit.
If the returned package does not reach the Publisher, it will not be held at the exchange, unless the customer has opted for a solution to track packages. It is recommended to the customer to insure the parcel in case of loss by the carrier or at least to opt for a parcel tracking service.
The Publisher will endeavor to offer a comparable product of at least equivalent quality level. Otherwise, the customer will be reimbursed, taking into account a proportional depreciation (fraction between the duration of use and the usual life of the product purchased, agreement set at 2 years).
Article 19 – Communication - Archiving
Exchanges between the e-mail address provided by the User and email@example.com are deemed to be reliable documents, unless proven otherwise.
Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy, in accordance with the legal provisions in force in Belgium.
Article 20 - General Terms and Conditions framework
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present General Terms and Conditions describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The General Terms and Conditions are not assignable, transferable or sublicensable by the user himself.
A printed version of the General Terms and Conditions and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these General Terms and Conditions, shall be in the French language.
Article 21 - Notifications
Any notification or notice concerning these general conditions or the personal data protection charter must be made in writing and must be delivered by hand, registered or certified mail, by post from a courier service recognized at European level. which allows to follow regularly its
parcels, or by mail to the addresses indicated in the legal notices of the site, by specifying your names, first names, coordinates and object of the opinion.
Article 22 - Claims
Any complaint related to the use of the website, the service offered on this site, or any other related service, the pages of the site on any social networks or the General Terms and Conditions or personal data protection charter must be filed in the 365 days following the day of origin of
the source complaint problem, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the next 365 days, such a claim will forever be unenforceable.
Article 23 - Inaccuracies
It may be possible, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that does not agree with the terms and conditions or the personal data protection charter. In addition, it is possible that unauthorized changes are made by third parties on the site or on ancillary services (social networks ...). The Publisher make every effort to ensure that these kinds of discrepancies are corrected.
In the event that such a situation eludes us, thank you to contact the Publisher by post or email to the addresses indicated in the article 3 of the present document of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable the Publisher to contact you. For copyright applications, please refer to the section on intellectual property
Article 24 - Eligible law and Consumer mediation
These General Terms and Conditions are subject to the application of Belgian law, and can be modified at any time by the Publisher of the site or his representative. General Terms and Conditions applicable to the user are those in effect on the day of his order or his connection to this site. The Publisher agrees to keep all its old General Terms and Conditions and send them to any user who requests it.
Excepting public policy provisions, any dispute that may arise regarding the execution of these General Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings.
In the absence of amicable settlement, the Publisher sets the courts of the judicial district of Liège (Belgium) as the only competent, except in the case where the user is a Consumer and the jurisdiction of these courts can not be valid.
Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
As required in the Book XVI of the Belgian “Code de droit économique”, the Publisher redirects its customers, in the context of litigation that could not find amicable resolution, to the online platform of the European Commission for the resolution of consumer disputes: http://ec.europa.eu/odr/ . This official website presents the operation of the out-of-court dispute resolution systems (ODR), allowing the online filing of a complaint, and lists the approved dispute resolution bodies.
For Belgian consumers, the "Mediation Service for the Consumer" offers a neutral and free service.Contact details of the Consumer Mediation Service in Belgium:
∙ North Gate II, Boulevard du Roi Albert II 8, 1000 Brussels
∙ Tel. : 02 702 52 20
∙ Fax : 02 808 71 29
∙ E-mail : firstname.lastname@example.org ∙ Site : http://mediationconsommateur.be
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.