These general terms and conditions (hereinafter the "General Terms and Conditions") apply between the SBE company identified in Article 2 (hereinafter the "Company") and any natural or legal person (hereinafter the "Customer") placing an order with the Company (hereinafter the "Order"). The General Terms and Conditions may be amended at any time. The version of the General Terms and Conditions applicable is the one accessible on the Company's website (hereinafter referred to as "the Site") at the time of your Order, by whatever means. Update date: November 2014
ARTICLE 1. ACCEPTANCE OF CONDITIONS
1.1. The Customer acknowledges expressly and unreservedly the present Terms and Conditions and has read all the terms set out in any Order placed with the Company either by means of the form available in the Company's physical catalogue (hereinafter "the Catalogue") or on the Company's website or by contacting the Company directly by any other means.
1.2. This means every action concluded via the Site, by the fact of ticking the box on the Site: “I have read the Terms and Conditions of Sale and I fully accept them” meaning that the Customer confirms that he/she has fully accepted these Terms and Conditions.
1.3. These Conditions may be amended at any time by the Company. It is therefore up to the Customer to read them before buying any product or service offered by the Company, the applicable Terms and Conditions s being those in force when the Order is finalized under the conditions set out in Article 5.
Date of update : November 2014
IDENTIFICATION OF THE COMPANY
SECURITE BUREAUTIQUE EUROPEENNE (SBE) SAS (Ltd)
Share capital of 38,112.25 euro
30 rue de Penthièvre - 75 008 PARIS
Registered in the Registre du commerce et des sociétés de Paris under number 384 576 708
Intra-Community VAT number: FR 11384576708
NAF Code: 4669B
ITEMS FOR SALE AND SERVICES
3.1. The products and services offered for sale by the Company (hereafter "the Items") are those presented on the Site and/or the latest edition of the Catalogue on the day the Customer places an Order.
The Company makes every effort to present and describe the Items put on sale as faithfully as possible.
Photographs, texts and any other description of the Items may however not reflect their true appearance or physical qualities. As such, it is the responsibility of the Customer to take all necessary steps to ensure the compliance and/or suitability of the Item he/she acquires from the Company according to his/her needs and the practical conditions of use of the Items over which the Company has no control.
To this end, it is to be remembered that the Customer has:
- the possibility of benefiting from the services referred to in Article 8 of these Terms and Conditions ;
- and from the rights described in Article 9 of these Terms and Conditions.
3.2. In addition to the Items offered for sale on the Site or in the Catalogue, the Company may also offer specific Items according to the needs expressed by the Customer, under the conditions set out in article 5 of these Terms and Conditions.
3.3. Items are offered for sale within the limits of available stocks.
3.4. The installation of the Items by the Company is not included in the price of the Articles on the Site and in the Catalogue. The Customer has the possibility of installing the Items himself or entrusting the installation to the Company, in which case this installation is made under the sole responsibility of the Customer. In the event of deterioration or damage to an Item by the Customer, the Customer may not avail him/herself of the guarantee provided in Article 9 of these General Conditions.
In the event that the Customer requests that installation be carried out by the Company, the Customer shall make every effort to facilitate the installation of the Items by the Company, by making available, in particular, to the Company, all the information and resources necessary for the proper execution of the task entrusted to it.
ARTICLE 4. PRICES OF ITEMS
4.1. The prices of the Items offered for sale as shown on the Site and in the Catalogue are expressed in Euros excluding port costs, and packing costs and installation costs.
These costs are calculated:
- either directly by the Site for an online order - they are then indicated to the Customer before validation of the order;
- or by the Customer upon a Sale by means of the form in the Catalogue and in accordance with the information contained in the purchase order form;
- or, failing that, by the Company during an Order by any other means - they are then indicated to the Customer on the order form.
4.2. The Company may change the prices of the Items at any time.
Depending on the selected Order method, the prices applicable to the Order are those on the Site before final validation of the Order.
ARTICLE 5. ORDER
5.1. General principles of any Order.
To place an Order, the Customer must be:
- either a legal person, in which case the person who commits him/herself to the name of the legal person concerned must be duly authorized to represent the legal person.
- or a competent adult natural person or an emancipated minor.
In addition, there must be no ongoing dispute between the Company and the Customer concerning the payment of an earlier Order.
The Company reserves the right to suspend any Order that would not meet the conditions set out in herein in Article 5.1 or, if applicable, to request the immediate return at the expense of the Customer of Items that might have been delivered to him/her.
The minimum amount of an Order may not be less than one hundred (100) Euros excluding tax. Any Order of a lower amount will not be processed by the Company.
Finally, if despite the precautions taken by the Company, ordered Items were no longer in stock, the Company undertakes to inform the Customer of their unavailability as soon as possible.
The Items in Stock will be shipped and the Customer has the option of claiming a refund on those Items that are not in stock.
In the event that the Items are customized products, such as labels, stickers, badges, the Company sends the Customer a “ Ready to Print “ to which the Customer undertakes to conform or to make his/her observations as soon as possible after receipt and in any event, within a period of (7) seven days after receipt. Validation of this “Ready to Print” is essential to the Company's proper execution of its obligations and, in particular, the proper delivery of Items purchased by the Customer.
5.2. Orders via Site
5.2.1. For any Order placed via the Site, the Customer must have a customer account created online. The creation of the Customer Account requires the Customer to disclose the following information: Surname, first name, email address, password, company information for any professional Customer.
The creation of the customer account is possible at any time, especially during placing of an Order and is, in any case, mandatory before an Order may be confirmed.
5.2.2. The Customer must select the different Items that he/she has chosen, the quantity, and state, if necessary, the additional information relevant to the Items concerned and then click on the "Add to Cart" button.
5.2.3. Before the Order is validated, a summary of the selected Items and their overall price - including the costs referred to in Article 4.1 - will appear on the screen.
The Customer must ensure the information thus summarized is correct before confirming the Order.
The continuation of the Order requires that the Customer confirm that they have accepted these Terms and Conditions by ticking the box "I have read the General Terms and Condition of Sale and I fully accept them" then click on the "Add to Cart" button.
The Customer then enters the process of finalizing the purchase of the Items contained in his basket, including entering or confirming the delivery and billing addresses, the chosen delivery method and the method of payment.
5.2.4. Once the Order has been confirmed, it can no longer be modified on the Site.
The Order shall be registered by the Company upon verification of the solvency of the means of payment selected in accordance with the procedures described in Article 6.
5.3. Order by means of purchase order form in the Catalogue
For any order placed by means of purchase order form in the Catalogue, the Customer must enter all the information requested, which is necessary for the proper handling of the Order by the Company.
The Customer must date, sign and stamp the order form so that the Company can take receipt of the Order.
Any incomplete or unsigned order may not be processed by the Company.
This order form may be sent to the Company by any means chosen by the Customer, including by email, fax or post, the Customer being responsible for the proper receipt of the Purchase Order Form by the Company.
5.4. Order by any other means
The Customer shall have the possibility to contact the Company for information on an Item not listed in the Catalogue or on the Website and, in any event, to place an Order for any Item in accordance with a specific request that the Customer has previously sent to the Company.
The Company will then review the application and if the Company considers that delivery of said Order is feasible, then the Customer will receive a quote for validation and acceptance.
In this case, delivery times and invoicing procedures are agreed directly between the Parties.
ARTICLE 6. PAYMENT
6.1. Payment Terms
Whatever means the Customer chooses to place an Order by, the following means of payment are available to the Customer to settle the Order:
- Payment by credit card: payment is made by CB card, Visa, or Mastercard, by providing information requested. The card will only be debited when the bank details have been verified and the debit authorization for the card has been received.
Payment is made via a secure platform.
Information relating to your Order is subject to automated processing of data by the Company's bank, BNP PARIBAS, via its payment platform.
The purpose of this automated data processing is to define a level of analysis of a transaction and to combat bank card fraud.
- Payment by transfer: The Company shall place its bank details at the Customer's disposal upon request. If Ordering through the Site, the Company's bank details are available after selecting transfer as a settlement option. In the event of Order via the Catalogue, the Customer may request the Company's bank details by contacting it by any means referred to in Article 10.
- The Order will be acted upon once the bank details have been verified and the debit authorization for the bank account has been received.
- Payment by bank cheque: payment may be made by means of a bank cheque that the Customer must send to the Company, with the number of the Order written on the back of the cheque.
The Order will be processed on receipt of the cheque, which may result in an additional period of about five (5) working days required for the processing of the cheque by the Company, following which the Company will carry out the necessary steps for delivery of the Items.
If the cheque has not been received and processed within thirty (30) days from the Customer Order confirmation, the Order will be automatically cancelled.
- Payment within thirty (30) days from receipt of invoice: this deferred payment method is strictly reserved for professional customers, holders of large accounts, and government authorities and resellers who have received a customer credit approval from our accounts service. To obtain this credit approval, it is the responsibility of the Customer to complete all the "My Business" items on the "My Personal Information" page in its customer area before validating the Order.
If the customer credit approval granted, the Order will then be processed without need for further action by the Customer.
If the credit approval is refused, the Company will promptly notify the Customer by means of the contact information previously communicated and the Customer will then be asked to use another means of payment.
The Company reserves the right to change the amount of this credit approval at any time or to cancel it.
The settlement conditions under this credit approval are a payment after thirty (30) days net after receipt of the invoice.
The Customer shall then be able to settle with the Company by the means of his/her choice: cheque, bank transfer, government-issued payment order.
If the Customer's outstanding credit approval is exceeded, the Company will promptly notify the Customer so that he/she can use another means of payment or reduce the credit approval.
- Paypal: payment is then made by means of the secure Paypal platform. This option first requires creating an account with Paypal.
Customer Order is registered following validation by Paypal of payment by the Customer.
In any event, the Company reserves ownership of the Items until the full settlement of the Order, i.e. Order price collected in full.
6.2. Rejected Payments
Whatever means of payment used, the Company reserves the right to verify that the person whose bank account is debited is the person who placed the Order.
This verification may take the form of an application to the Customer for proof of identity and/or domicile and/or a K-Bis extract from the Customer and/or Bank Documents (Statement of banking identity [RIB] or cancelled cheque).
In the event of refusal of payment by the customer's bank or lack of customer response to a request pursuant to conditions referred to in this Article within two (2) days of the Company's request, the Order will then be automatically cancelled without liability on the Company.
The invoice of the Order is automatically addressed by the Company to the Customer by email or, failing that, by post within 24 to 72 hours after delivery of the Item(s) concerned.
In case of purchase via the Site, the Customer may also download and print this invoice directly in his/her customer area provided on the Site.
6.4. Late payment
In any event, any late payment after due date will result in late payment penalties equal to three times the statutory interest rate applicable in France until full payment of the invoice, without a reminder being necessary.
ARTICLE 7. DELIVERY
The Company can deliver in metropolitan France-and the French overseas departments and territories, in Europe, Switzerland and Monaco. The Company may also, upon special request, offer delivery in other countries.
For further information, the Customer is invited to consult the Site or to contact the Company directly.
Any taxes and customs duties may be imposed on the Customer if the Items are delivered outside France depending on the country where the Items were delivered.
Any such additional costs shall be borne by the Customer who shall be solely responsible for the costs.
The Company therefore advises each Customer to obtain information from the appropriate authorities of his/her country.
7.2 Modes and times of delivery
The different modes and estimated delivery times for the Ordered Items are (i) indicated on the order form in the case of Order via the Catalogue, (ii) posted on the Site in the event of Order via the website, (iii) calculated by the Company in all other cases.
ARTICLE 8. LOAN OF ARTICLES AND SAMPLES
8.1. The Customer is reminded of the importance of ensuring the practical conditions under which the Items he/she wishes to acquire will be used, since the information provided on the Site and the Catalogue are of a general nature. Thus, and for the purpose of allowing the Customer to carry out trials and tests which he considers useful in relation to the use of the Items of which he is considering the purchase and environment in which the Items will be used, the Company shall make available to the Customer, free of charge:
- certain Items, temporarily loaned to the Customer within the limit of two (2) Items of any one (1) model (hereinafter “Loaned Items") ;
- samples of certain consumable items (including labels) (hereinafter "the Samples"), either through the Site or directly with the Company Customer Service, within the total limit of five (5) Samples.
8.2. In order to obtain these Loaned Items and/or these Samples, the Customer must apply either by contacting directly SBE by one of the means referred to in Article 10 of these Terms and Conditions, through the Site.
In the latter case, the Customer must choose the Items he/she wishes to loan, select the category "Loan request", fill in all the mandatory fields and boxes.
8.3. Subject to availability, the Loaned Items and/or Samples shall be sent to the Customer as soon as possible.
8.4. Loaned Items must be returned:
- within fifteen (15) days from the date of receipt by the Customer. The costs of returning the Items shall be borne by the Customer:
- in perfect condition, without any alteration, damage or deterioration being found by the Company.
The Loaned Items shall be invoiced to the Customer in case of failure to comply with these Terms and Conditions, in particular this Article, and in particular:
- in the case of non-restitution within the maximum period referred to above;
- should the Item not be in perfect condition as indicated above.
8.5. This Loan Service is exclusively offered to customers based in Metropolitan France, Corsica and Monaco.
ARTICLE 9. GUARANTEE "SATISFIED, EXCHANGED OR REFUNDED"/COMMERCIAL GUARANTEE
9.1. The Customer shall have a withdrawal period of fourteen (14) days from the date of receipt of his Order to return the Item(s) purchased, without having to provide any reason, subject to the following terms:
- the Items are returned intact, in perfect condition, in their original packaging;
- the Items are not customized products such as labels, stickers, badges or any other product that would have been the subject of prior acceptance of the Customer by means of a Ready to Print. For Customers purchasing this type of item for non-professional purposes, the Company is entitled to use the provisions of Article L.121 -21-8 (3°) of the Consumer Code.
9.2. Under this proviso, the Company issues a credit note valid six (6) months to the Customer of an amount equal to the Returned Items.
The Customer then has the following possibilities:
- either to be reimbursed by cheque to the total sum of credit, as soon as possible, and no later than thirty (30) days from the date of receipt by the Company of the application for reimbursement;
- or use the credit to pay for a new Order. If the credit is less than the amount of the new Order, a supplementary payment will be requested from the Customer under the conditions laid down in Article 6.
9.3 Commercial guarantee: unless otherwise specified on the Site, each Item is guaranteed on a commercial basis for a period of (12) months after the date of receipt by the Customer.
During the warranty period, the Company undertakes to repair the defective Item or, failing that, to exchange it with an identical or similar Item.
This commercial guarantee does not cover the replacement of consumables, the abnormal or non-compliant use of Items and more generally, defects and consequences that would not be directly attributable to the Company.
9.4. In the event that a Customer exercises the rights conferred on them under Article 9 hereabove, the costs of return of the Items shall remain at the expense of the Customer, except for Customers buying Items for non-commercial purposes who may, inter alia, avail themselves of the provisions of Article L.121-21 et seq. of the Consumer Code.
9.5. For any question on these points, the Customer may contact the Company Customer Service in accordance with the terms of Article 10.
ARTICLE 10. Customer service
10.1. For any questions or inquiries concerning an ongoing or future Order, the provisions of the General Conditions, or the Items, the Customer may contact the Company by:
- the contact form available in the "Contact us" tab;
- e-mail at the following e-mail address: contactsbedirect.com;
- fax to the following number: 0142.25.44.00;
- by standard post, by writing to the Company.
10.2. In addition, “large account" Customers and “dealers" also have the possibility of contacting the Company by telephone at 01.42.25.23.23.
10.3. Customer Service is available from Monday to Friday from 9:00 a.m. to 5:30 p.m., except for holidays.
ARTICLE 11. DATA PROTECTION
11.1. The Customer's personal data collected and processed by the Company is necessary to open up the account, manage the Order and follow up, and, where appropriate, send the Customer commercial offers by electronic means. Such data shall not be transferred to third parties.
This issue was the subject of a statement by the French data protection authority (CNIL), registered under number 1584430.
11.2. Under the Data Protection Act of January 6, 1978, Customers have the right to access and rectify and challenge the personal data concerning them.
To exercise these rights, the Customer may (i) either directly alter his/her information by logging into the Account which he/she has created on the Site (ii) or in any event, by making a request, providing proof of identity, by contacting the Customer Service in accordance with the terms of Article 10.
ARTICLE 12. INTELLECTUAL PROPERTY
12.1 The Catalogue, the Site, any software used on the Site, and the constituent data of the Catalogue and the Site and their content, whatever their nature (text, photography, images, sounds, graphic elements…) ("Properties") are protected under the title of intellectual property.
The User undertakes to refrain from selling, ceding, licensing, sub-licensing, transferring, giving as collateral, or transmitting the Properties in any way.
It should be remembered that all the distinctive signs, including trademarks and logos, are and remain the property of the Company or that of the owners of the intellectual property rights concerned.
In recognition of these exclusive rights on these signs, the Customer undertakes not to infringe on the Company's intellectual property rights or on those of the right holders concerned.
12.2 The Customer authorizes the Company to mention, for the exclusive needs of its external and internal communication, its distinctive names and signs on all its materials (such as its Site and its Catalogue) which can be disseminated to its present and potential customers to be able to demonstrate the quality of its know-how.
This authorization is given for the entire world and for the entire period of protection of intellectual property rights.
The Customer guarantees the Company peaceful enjoyment in that event
If the Customer decides to waive such authorization, he shall inform the Company by registered letter with acknowledgement of receipt.
The Company will then withdraw all indications relating to the Customer (i) on the Site within eight (8) days from receipt of this notification and (ii) in the following edition of the Catalogue, the Company retaining the possibility of disseminating the already printed catalogues of the current year.
ARTICLE 13. LIABILITY
13.1 In view of the computer and telecommunications constraints of the use of the Site, the liability of the Company may not be incurred in the event of damage caused by a malfunctioning, which would not be attributable to the Company, of one or more of the steps of access to the Site, the order process, payment, delivery follow-up, due in particular due to the disadvantages inherent in the use of the Internet network, such as failure of service, external intrusion, presence of computer viruses.
13.2 The liability of the Company shall not be incurred in the event that the failure or improper performance of the Corporation's obligations is attributable to a choice of and/or to the behaviour of the Customer, or to the action, unforeseeable and insurmountable, of a third party to the contract (including the providers responsible for the delivery of the Items), or to force majeure.
13.3. The Company offers its Customers Items deemed to comply with French law in force.
It is the responsibility of the Customer to check with local authorities the import or possibilities of use of the Items that the Customer intends to order.
The Company cannot be held responsible for non-compliance with the legislation of the country in which the Items are delivered.
13.4. Information on the Items appearing on the Site and/or in the Catalogue is provided for an indicative purpose and it is the responsibility of the Customer to take all necessary measures to ensure suitability of the Items for his/her needs and the use thereof, including when receiving the services referred to in Article 8 of these Conditions to ensure that the Items he/she wishes to acquire are in accordance with the intended use.
Under any circumstances, it should be borne in mind that the Company has no control over the use of the Items ordered by the Customer. As such, the Company cannot guarantee the suitability and/or relevance of the Items to the Customer's needs and the actual conditions of use of the Items that the customer has acquired from the Company. The Company's liability will not, therefore, be incurred by virtue of a non-conformity of the Item because of a use that would not be in conformity with the use for which the Item is intended or more generally, general practice in this matter.
13.5. In any event, the Company shall not guarantee the hidden defects of the Items sold, and the liability of the Company for any material damage may be incurred only on proven fault and provided that the action has been introduced within twelve (12) months from the date of sale of the item or Items concerned.
The compensation due will in all cases be limited to the value of the Items delivered.
The liability of the Company shall not be incurred for any consequential damages causing loss of business, loss of profit, damage or costs.
ARTICLE 14. FORCE MAJEURE
In the event of a case of force majeure, the fulfilment of the obligations of the Party affected by this event will be suspended during its duration, from the date of receipt of the notification by registered letter with acknowledgement of receipt.
Cases of force majeure mean cases defined by the case law of the French courts.
The Party invoking the case of force majeure shall, within the shortest time limit, inform the other Party by registered letter with acknowledgement of receipt by detailing the case of force majeure and by estimating its duration.
If a case of force majeure, notified to the other Party under the conditions laid down in this Article, continues for a period of more than thirty (30) days, each Party has the full right to terminate the contract linking them by sending to the other Party, at any time, a written notification to that effect.
It is expressly agreed that this termination does not qualify the Customer for any indemnity in his/her favour.
ARTICLE 15. SUBCONTRACTING
The Company reserves the right, in its sole discretion, to entrust the performance of all or part of its operations to subcontractors or partners of its choice.
ARTICLE 16. ENTIRETY AND VALIDITY OF CONDITIONS
The Terms and Conditions and the Order form a contractual set constituting the entirety of the agreements entered into between the Parties.
Other information included in the Catalogue and on the Site (such as the Forum) is provided for illustrative purposes.
The Company's failure to invoke at any time any of the terms and conditions of these Terms and Conditions shall not be construed by the Customer as a waiver of any subsequent use of any of the provisions of these Terms and Conditions.
If one or some of the provisions of the Terms and Conditions were declared invalid in their entirety or in part, the remaining provisions would nevertheless remain in force
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.