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TERMS AND CONDITIONS
OF SALE

Last updated conditions: 05/01/2020

Maxime SABDES acting under the trade name COMATIQUE is a micro enterprise whose head office is located
61 Avenue Saint Exupéry 13580 LA FARE LES OLIVIERS - Siret 850 012 907
The relations of the COMATIQUE Company (hereinafter "The Company") with its Customers (hereinafter "The Customer") are governed by the general conditions of sale as defined below. They are intended for all sales and services made from the website www.comatique.com, or the official page of Comatique on Facebook and Instagram as well as those received by any other means (fax, email, mail, telephone ).

1. ORDERS .

 

Any order implies the express and unreserved acceptance of the customer to these general conditions of sale and implies waiver of any application of its possible General Conditions of Purchase.
Orders are placed mainly via the website www.comatique.com .
An acknowledgment of receipt confirming that the customer's order has been taken into account is automatically sent to him by e-mail. Orders are taken into account until 6 p.m. each working day, after this time they are deemed received the next day.
The Company strives to maintain access to its websites 24 hours a day, however, its responsibility cannot be engaged in the event of service interruption, in particular for reasons of maintenance or technical problem. The customer declares that he is aware of the technical limits linked to Internet technologies, in particular with regard to the consultation of information, the transfer of files and the risks linked to this technology.
Any cancellation of an order can only take place after the acceptance of the Company and will in this case be confirmed in writing in the form of an email or will appear in the internet customer account.
The company reserves the right to cancel any order or to close an account in the event of verbal or physical violence towards employees, subcontractors, managers or customers of the company, the use of raw language being considered as doing part of verbal abuse.
The product visuals (photos, diagrams, etc.) are presented for information only and have no contractual value.

2. PRICE .

 

The sale prices displayed on the Company's website www.comatique.com , or the official page of Comatique on Facebook and Instagram are valid until any new publication canceling the previous conditions. Prices are subject to change without notice. In this case, the reference prices are those published on the websites (and not those appearing in catalogs or paper media).
The prices are invoiced on the basis of the tariff in force on the day of the order, they are understood to be exclusive of tax, in euros, carriage paid, in mainland France.
For certain works, the Company is required to draw up a specific estimate. In this case, the validity of the offer is limited to one month.

3. MEANS OF PAYMENT .

 

By way of derogation from the provisions of article L. 144-6 of the French commercial code, payment for orders is mainly made by 4 separate means:

  • Cash online, by bank card

  • Wire Transfer

  • By check addressed to the head office (if the amount of the check is less than 300 €)

  • Paypal,

  • In cash,
    No discount will be granted in the event of early payment.
    In the event of payment by check, the manufacturing process is only started after receipt of the payment order.

4. INVOICING .

 

An invoice is established immediately after receipt of payment for the shipped order. Invoices are sent by email entered in the customer area. Any assets granted will be the subject of a document separate from the invoice.

Invoices are not sent by post but are sent by e-mail.

5. DELIVERY TIMES .

 

Delivery will be made to the address indicated by the customer and included in the order acceptance and will be considered as made when the order arrives at said address.
Delivery times are given for information only and without guarantee. Any delay in the execution of orders cannot be used as a basis for canceling them, refusing the goods or receiving damages.
The indicative deadlines appearing on our platforms may be subject to revision if the client's files were to be updated / re-addressed or if these were not in conformity (cf. Art. 9).
The indicative deadlines for promotional products appearing on the website www.comatique.com, or the official page of Comatique on Facebook and Instagram may be subject to an additional revision after taking an order due to the inherent stock fluctuations to this range of products.
Manufacturing can only take place if the customer is up to date with its obligations to the seller and in particular if there is no delay in payment, including on orders other than that to be delivered.
The goods, even sold carriage paid, travel at the risk of the recipient to whom it is up to check the good condition at the time of delivery.

This verification must relate to the quality, quantities and references of the goods as well as their conformity to the order. Transport times are never guaranteed.
Any delay due, either to the non-delivery by the customer of the documents provided or the proof to be accepted on the agreed date, or to the occurrence of force majeure, will rightly lead to the application of additional delays.

6. FORCE MAJEURE .

 

The occurrence of a case of force majeure likely to delay, prevent or economically exorbitant the execution of the sale has the effect of suspending the execution of the contractual obligations of the Company.
Constitutes a case of force majeure, any event of any kind whatsoever, which reasonably escapes the control of one or other of the parties such as, in particular, the occurrence of fire, breakdown of supply of raw materials , power outage or machinery failure, pandemics making it impossible to carry out the assigned work within the stipulated time, strike or lockout, interruption of transportation whatever the cause, legal or regulatory provisions affecting production or delivery of products.
If the event continues for more than three months, the Company reserves the right, after this period, to terminate the contract without compensation.

7. CLAIM .

 

Without prejudice to the provisions of article 5, paragraph 5 hereof, damage, missing items, packaging defects noted upon receipt of packages must imperatively be entered on the transport receipt after careful control of delivery and be subject to '' a letter with AR sent to the carrier within a maximum of 48 hours, with a copy to the Company. In any case, disputes with carriers cannot justify the non-payment of invoiced goods.
Any dispute relating to the quality of the goods may only be accepted within 1 month at the latest following the date of actual receipt of the goods or the date of signature of the discharge, made to the carrier. The dispute must be addressed only via our website through the form provided for this purpose.
Our company only guarantees in the event of a defective product that the exchange or goods for products conforming to the details of the order (or reimbursement) to the express exclusion of all damages for damage suffered directly or indirectly, and in particular during the occurrence of a situation of force majeure, a fortuitous event or in the event of an event which would make it impossible for our company to fulfill its obligations.
Given the practices accepted in the profession and the technical constraints related to our manufacturing, our Company is not required to ensure delivery of the exact quantity provided for when ordering. The customer is required to accept a tolerance in more or less than 5% of the planned quantities.

The European Commission's online dispute resolution platform is accessible via https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .



Offer satisfied or refunded
In the event of a defect found in the services provided by the company, any customer can choose to benefit from the satisfied or reimbursed offer. In this case, he must return all defective merchandise at his own expense only after contacting COMATIQUE's Quality Department.

Upon receipt of the goods, a credit corresponding to 100% of the purchase price of the goods is credited to the customer's account. This offer is accessible within a maximum period of 2 days from the date of delivery of the goods to the customer.
 

Products under warranty
Certain products in the range benefit from a manufacturer's warranty (1 year). The warranty period starts from the receipt of the goods by the customer.

8. PENALTY CLAUSE .

 

The absence of full payment at the initial maturity, including for extension of maturity, expressly agreed by the Company, will automatically entail the obligation for the customer to pay interest in agios calculated at the rate of the European Central Bank (ECB ) corresponding to the refi rate (4.25% as of August 28, 2008) increased by 7 points, or 11.25%, and this since the delivery date without the need for prior notice. The Company will be entitled for any other subsequent contract to require, in addition to the clearance of claims, the cash settlement of the entire order.
In the event that recovery should be made by legal means, and regardless of the right for the Company to terminate the contract of which the customer does not fulfill all of its obligations, it will be due in addition to the amount of the invoice, i.e. compensation of 10% of the sum due, that is to say the actual costs incurred if they are higher, this in addition to interest on late payment.

9. COMPUTER FILES, VOUCHERS:
TECHNICAL LIMITS, RESTRICTIONS .

 

Any customer is presumed to be the holder of the reproduction rights of documents, images, logos, fonts, benefiting from intellectual property laws, the printing of which he entrusts to the Company. He assumes full responsibility for damages that could be claimed by a third party. The computer files necessary to manufacture the printed product must be supplied by the customer. They must strictly comply with our technical specifications, and in particular with the prescriptions of our PAO guide available online.
It is expressly agreed that the client is a graphic arts and / or communication professional, capable of understanding and applying the directives given in the technical specifications.
Our prints are mainly made in amalgam (that is to say grouped with works of other customers), the customer accepts without reserve the technical constraints related to this type of printing:

 

  • Processing tolerances of approximately 1 mm

  • Slight color variations

  • When reprinting, even from identical files, color rendering can never be 100% identical

  • For the range of promotional products accessible from the goodies platform website www.comatique.com, or the official page of Comatique on Facebook and Instagram, the printing or personalization techniques used induce by nature alterations in the colors or shapes of graphics. These modifications are linked to the reproduction constraints, and are subject to a visual simulation submitted to the Customer, which he must accept before making the purchase.


It is also agreed that our responsibility is entirely released on printing defects, color space conversion, font, smashing, text hunting, image conversions, in the event that these defects are present on client files.
The Customer also acknowledges being informed that the layout software never guarantees a 100% return of the file appearing on the screen and may result, during successive treatments, in different results from a screen display or '' printing on a connected desktop printer or copier.
The Company reserves the right to make certain modifications it deems essential on the files supplied by the customer and which do not comply with the technical specifications (bleed, format resetting, pantone color conversion, RGB image conversion , etc ...). Likewise, the Company reserves the right to refuse any order in the event that the files do not comply with the technical specifications.
For all these reasons, the responsibility of the Company can in no way be engaged in the event of non-compliance with technical constraints.
In order to limit these risks, it is strongly recommended to carry out a calibrated control test (called Good to Print BAT) to guarantee the integrity of the file to be printed. In the absence of a BAT request via our website www.comatique.com, or the official page of Comatique on Facebook and Instagram, when ordering, the customer unreservedly accepts the technical limits presented above. The Company never intervenes on files requiring an author correction. In this case, the client undertakes to provide a new file.

Promotional product range
The products offered for sale on the website www.comatique.com, or the official page of Comatique on Facebook and Instagram are subject to specific restrictions, linked to their production and distribution constraints:

 

  • Promotions, commercial discounts, welcome discounts, special offers or reduction coupons (or “promo code”) may not always apply to promotional products; the Customer will be notified before in the order summary, before finalizing his purchase;

  • Promotional products can only be delivered in mainland France and Corsica. Delivery in the DOM-TOM, the rest of the European Union or the rest of the World is not possible (temporary Pandemic restriction)

  • The manufacturing and delivery times for promotional products are given as an indication, and presented in the form of an amplitude between a minimum and a maximum time, it being understood that this maximum time is only an estimate that can be exceeded in case of special production constraints. Generally, orders are delivered within 10 days.

  • Regarding order tracking, the main information is accessible from the “My orders” section of the website www.comatique.com.

  • Additional information on the transport tracking number, packaging, etc. can be obtained by contacting customer service using the telephone number or e-mail address indicated in the footer of the company's website.

  • On certain products, a free revision of the graphics is offered to optimize the rendering of the Customer's graphic creations on the promotional product he has chosen according to the corresponding printing constraints. If a problem is detected, our experts will suggest alternative solutions by email, within an indicative period of 24 hours. The Customer can then choose one of these proposals or request modifications. Corrections are generally made within 24 to 48 hours

  • If necessary, and as long as production has not started, the Customer can cancel or modify his order by contacting customer service using the telephone number or the e-mail address indicated in the header of the website website www.comatique.com.

10. CUSTOMER ENGAGEMENT .

 

The Customer provides the computer files necessary to manufacture the printed product. The Customer is fully responsible for the entire content and accuracy of its files for which the Company is not subject to any monitoring obligation. Furthermore, the Customer is solely responsible for obtaining any necessary administrative and private authorization linked to the use of the printed product. The Customer is solely responsible for forgetting mandatory legal notices including the obligation to include the identity of the printer.
The responsibility of the Company cannot in any case be sought.

Use of the PEFC ™ mark
The affixing of PEFC ™ logos on files, as well as any mention of the PEFC ™ brand, is imperatively linked to an order for a PEFC ™ certified product. The use of a PEFC ™ logo on non-certified order files (including if the reseller is himself certified) is strictly prohibited.

 

Cancellation of orders
Orders are cancellable with a retention of 10% of the sales price excluding tax until confirmation by COMATIQUE of the launch in production of the standardized file. After this stage, orders cannot be canceled and the customer undertakes to pay the full price of the order.

11. COMPUTERS AND FREEDOM .

 

1. COMATIQUE is responsible for processing the personal data of users who are hosted on the servers of WIX, FACEBOOK

 

2. Registration for services requires the collection of personal data. This data collection is carried out in compliance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of these data (General Regulation on the Protection of Personal Data or GDPR).

 

3. The user is informed that the legal bases for the processing of his personal data are as follows:

  • Article 6.1.b of the GDPR: "the processing is necessary for the execution of a contract to which the data subject is a party or for the execution of pre-contractual measures taken at the latter's request;"

  • Article 6.1.c of the GDPR: “the processing is necessary to comply with a legal obligation to which the controller is subject; "

 

4. The personal data for access to COMATIQUE are intended for accounting and commercial services. In accordance with the law n ° 78-17 of January 6, 1978 relating to Data processing, the files and freedoms and the RGPD the USER has a right of access, rectification, opposition, deletion and portability relating to data concerning him.

 

5. The personal data collected on this site are as follows: Last name, first name, postal address, email address and telephone number

 

6. The personal data collected from users relates to the provision of COMATIQUE services, their improvement and the maintenance of a secure environment.

 

7. More specifically, the uses are as follows:

  • access and use of the services offered by COMATIQUE by the user

  • website operation management and optimization

  • organization of the conditions of use of payment services

  • verification identification and authentication of data transmitted by the user

  • implementation of user assistance

  • prevention and detection of malware fraud and management of security incidents

  • management of any disputes with users

  • sending commercial and advertising information according to user preferences

8. COMATIQUE implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, the Internet is not a completely secure environment and the website cannot guarantee the total security of the transmission of information storage.

 

9. In application of the regulations applicable to personal data, users have the following rights:

  • update or delete data concerning them by logging into their account and configuring the settings for this account

  • delete their account. However, information shared with other users such as posts on forums may remain visible to the public on the website even after the account is deleted.

  • exercise their right of access to know the personal data concerning them. In the context of such a request, we will ask you to provide proof of your identity in order to verify its accuracy.

  • request the updating of information concerning them.

  • request the deletion of their personal data in accordance with applicable data protection laws.

10. To exercise these rights, the USER must contact COMATIQUE at the following address: comatique@icloud.com.

 

11. All information relating to the protection of personal data is available on the page of the website dedicated to this purpose.

12. ATTRIBUTIVE CLAUSE OF COMPETENT JURISDICTION .

 

In the event of a dispute, either on the completion of works or on these general conditions of sale, the Aix en Provence Commercial Court will have sole jurisdiction, even in the event of a plurality of defendants or a call for forced intervention

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