General Conditions of Sale
These general conditions and professional principles apply to all our offers, works, agreements and deliveries.
The purchaser is the one who placed the order. The supplier is the one who accepted to fulfil the order.
The fact of providing the supplier with components for production (raw materials, models, copies and/or digital files, etc), with the request, and without explicit reservation, to supply a proof or project, constitutes a commitment to entrust the supplier with the fulfilment of the work, or to compensate them for the costs incurred.
The supplier’s offers are non-binding and subject to sales or sufficient stock. When the costs of labour and/or raw materials increase, the price will be revised according to Febelgra’s indexing formula, which will be sent as soon as requested by the purchaser. Offers are always set before tax, which is always payable by the purchaser.
An offer is valid for one month for a work to be carried out within three months. The price of the offer is only valid for this piece of work.
In the case of combined quotes, there is no obligation to provide part of the work for a corresponding partial payment.
Any person or company that places an order and asks for it to be invoiced to a third party is personally responsible for its payment, even if the supplier has agreed to this invoicing process, except for when the third party has co-signed the order form.
REPRODUCTION RIGHTS AND ACKNOWLEDGEMENT OF THE SUPPLIER
The supplier is not liable for infringement of the reproduction rights of third parties, providing that they have carried out the work of reproduction in good faith. Only the purchaser is liable. Any dispute relating to reproduction rights will suspend the fulfilment of the work.
If required by law, the purchaser cannot object to the supplier being named on the product, even if the printed work already mentions the name of a publisher or intermediary, advertising agency or others.
COMPOSITION, SUPPLIER MATERIALS AND PRE-PRESS PROOFS
The typeface and the layout will be freely chosen by the supplier. The supplier is not responsible for the typographical quality of models for printing or the formatted files that they receive from the purchaser.
If the purchaser provides materials to the supplier, this must be delivered in due time (according to the manufacturing timescale), postage paid and safely packaged, to the premises of the supplier’s company. The signature for receipt of the transported documents is merely confirmation of the receipt of this material.
If the purchaser provides digital pre-press material without a printed version, the supplier is not responsible for any resulting colour deviations.
If the purchaser provides the supplier with digital files, they are required to keep a copy of the original files and to be responsible for the quality of these files.
Notwithstanding fraud and gross negligence on the part of the supplier, its employees or subcontractors, any problems or delays in production resulting from issues relating to the supplied materials will extend the delivery time and increase the price due to additional costs incurred by the aforementioned issues.
At the purchaser’s request, the supplier will provide a simple proof such as a laser print, Ozalid or imposition proof. Each proof in true colours and/or on printed paper will be invoiced at an additional cost.
If the purchaser does not request a proof, the supplier is in no way responsible for the quality of the finished product.
The supplier is required to correct any text alignment or spacing issues indicated by the purchaser, but will not be liable for spelling errors, language errors or grammatical errors. Any changes to the original order (in terms of text, image placement, formats, printing or binding work, etc.), made in writing or by any other means by the purchaser, will be invoiced at an additional cost and will extend the delivery time. This also applies to the machinery being paused while waiting for the prepress proof. Changes communicated orally or by telephone will be implemented at the risk of the purchaser.
The conveyance of the duly signed and dated prepress proof to the purchaser releases the supplier from any liability with regard to errors or omissions which may be noticed during or after printing. The prepress proof remains the property of the supplier and will be used as evidence in the event of a dispute.
Should the purchaser wish for the supplier to retain production elements such as compositions, films, montages, cut-outs, drafts, drawings or floppy disks, this will be agreed in writing with the supplier prior to the fulfilment of the order. Storage will be provided at the risk of the purchaser, who expressly releases the supplier from any liability with relation to storage (in particular concerning loss or damages), with the exception of a case of fraud or gross negligence on the part of the supplier. Offset printing plates will not be stored.
Deadlines established in writing at the time of placing the order commence the next working day following the delivery of necessary components. The agreed delivery times may be extended if the purchaser fails to provide the necessary components, or to return corrected prepress proofs. In the event of an emergency, and in all cases which prevent, limit or delay the supplier’s fulfilment of the order, or which provoke excessive aggravation of the latter’s commitments, the supplier is released from all liability. The supplier may scale back the commitment, withdraw from the agreement or cancel the order, without being required to pay compensation. Such cases include, among others: war, civil war, conscription, agitations, strikes, lockouts, machinery break-down, fires, transport interruptions, supply chain disruption, issues with raw materials, supplies and energy as well as restrictions or prohibitions imposed by the authorities.
For already manufactured and existing items, the shipping time will be 1 to 3 working days. If a product is out of stock, you will receive notification via email.
ONGOING WORK – NOTICE
The purchaser may only discharge the supplier from the execution of regular work – that is, work consisting of recurring partial jobs – in accordance with the notice periods set out below. In the event of non-compliance with these notice periods, the purchaser will compensate the supplier for all damages and loss of profit incurred during the period of non-compliance.
Notice periods :
– 3 months for regular work representing an annual turnover of less than EUR 7500;
– 6 months for regular work representing an annual turnover of less than EUR 25,000;
– 12 months for regular work representing an annual turnover of EUR 25,000 or above.
For paper, cardboard and binding materials used by the supplier, the purchaser accepts the manufacturing tolerances set out by the manufacturers of this material.
The supplier may deliver and invoice for 5% above or below the number of the units ordered (with a minimum of 100 units). For printed materials which require a complicated or particularly difficult finish, the supplier may deliver and invoice for 20% above or below the number of ordered units (with a minimum of 200 units). Additional or reduced units are always calculated at the price of additional units.
All work will be carried out with readily available raw materials. Any special requests, such as for ink that is permanent or suitable for food products, must be communicated by the purchaser when requesting a quote. If these requests are communicated at a later stage, this may lead to adjusted prices. We cannot guarantee that the colours of inks and reproduction will match perfectly. These differences, specific to the particular piece of work, will be expressly accepted by the purchaser.
CANCELLATIONS, COMPLAINTS AND LIABILITY
Every client has the right, without a need to give justification, to withdraw from a purchase during the legal cancellation period of 14 days. This period begins from the day of the client’s purchase, or from a time determined by a mutual agreement between the seller and the client (or the client’s representative). During this cancellation period, the client will with due diligence store the received products and their packaging. Should a client wish to use their right to return, they should return all products in their original packaging addressed to AZAO Print & Editions SPRL, rue de Gaillarmont 76, 4032 Chênée, Belgium. The only cost of returning the products shall be shipping costs. If the client has already paid for the returned projects, they will be reimbursed within 30 days of receiving the returned items.
IMPORTANT: The right to cancellation does not apply to products that were custom-made according to the client’s specifications. More information in this regard in article 19, below.
The right to cancellation does not apply to goods manufactured according to the client’s specifications, or which are clearly intended for a specific person. Azao Print & Editions SPRL cannot accept returns of such purchased products within the period of 14 days, as these goods have been manufactured according to client specifications and are clearly personalised. This completely invalidates the right to cancellation for goods purchased from Azao Print and Editions SPRL.
The client must send any complaint or dispute to the supplier by registered letter, within 14 days of the delivery of the goods. If the client does not accept the goods, the 14 day period will start from the date when the goods were delivered to the client’s address, or when that is not possible to determine, from the invoice date.
If the supplier does not receive a complaint within this period of 14 days, the purchaser is considered to have accepted all the goods.
If the purchaser uses any part of the goods, has them sent by courier to a third party or entrusts them to a distribution company, they are considered to have accepted the entire print run. Defects found on some of the delivered products do not allow the ordering party to refuse the entire order. The supplier will not be held responsible for any consequential damages caused to the purchaser, such as loss of profit.
The supplier’s liability is restricted to the recovery of non-compliant units, the reimbursement of which will be calculated at the rate of additional units.
PURCHASER’S MATERIALS – RISKS
Delivery will be fulfilled by a company contracted by the supplier. The purchaser will pay for packaging and transport. The purchaser is responsible for any risks impacting the goods during transit.
The supplier will not be responsible for the storage of goods to be delivered. It is the client’s responsibility to provide all accurate information to enable the delivery. If a delivery is returned despite this by the delivery company, Azao Print & Editions SPRL undertakes to store the goods for a maximum period of 1 month from receipt of the return by Azao Print & Editions SPRL. If, during this reasonable period the client does not mention the return, the goods will be destroyed with no possible recourse. During this period, the client will have the right of initiative and may at any moment contact Azao Print & Editions SPRL to arrange a new delivery time.
All materials (paper, films, information, etc.) entrusted by the purchaser to the supplier’s company will be stored at the risk of the purchaser, who will expressly release the supplier form any liability whatsoever, including in the event of complete or partial damage or loss, except in the event of fraud or gross negligence on the part of the supplier, its employees or subcontractors, or when this aforementioned storing is one of the main agreed services. The same applies to goods addressed to the purchaser. Unless otherwise agreed, all storage fees will be charged from the notified date to the purchaser. If this payment is not made by the agreed date, the goods will be retained as a pledge of the owed amount.
When ordering, the payment in full or a deposit of a third of the final cost may be required, followed by another third upon receipt of the prepress proof and the outstanding balance upon delivery of the product. Loan payments, cheques, money orders or bills do not constitute novation or exemption from this clause. Starting from the day of the due date, each unpaid invoice will automatically and without formal notice bear late payment interest equal to the rate set by the European Central Bank, increased by seven percentage points and rounded up to the nearest half percentage point. If the invoice and interest is not paid within a period of 15 days after a registered letter was sent, this debt will be increased by an additional amount of 15% of the amount due on the day of the due date, with a minimum of 50 EUR.
In addition, if necessary, the supplier is entitled to demand immediate payment of all (non-due) invoices and all other owed amounts for which the supplier has set the client a payment term. The supplier also has the right to suspend the fulfilment of outstanding contracts until the purchaser has paid the aforementioned amount.
In the event of delivery/deliveries on demand, the amount of the entire order will be invoiced upon the first delivery.
If, following the purchaser’s request, the order is cancelled or suspended, the amount to be invoiced will be calculated according to the extent of the manufacturing’s progress (salaries, remunerated work, raw materials, commissioned illustrations, subcontractors etc.). This amount will be increased by a compensation of 10%.
The purchaser will have exclusive ownership of the goods after full payment of the amounts due. Despite this, the purchaser will assume responsibility for all risks the goods may incur as soon as they are made available to them.
All disputes will fall under the jurisdiction of the courts in whose jurisdiction the supplier’s company is based.
A. VAT rates applicable
Printed products are technically subject to the standard VAT rate of 21%. However, under certain conditions, a political party and its members can benefit from a reduced VAT rate of 6%. This can include election posters, promotional letters, flyers, brochures etc., for which the 6% VAT rate applies. This applies to printed materials intended for public information, not for commercial advertising. Other materials printed for the purpose of an election, such as notices, ballots, letterheads, envelopes, postcards, calendars, business cards, personalised letter paper etc., are subject to the standard VAT rate of 21%.
B. Client responsibility
The client placing the order is responsible for choosing the correct VAT rate, and may be liable if this is done incorrectly. Azao Print and Editions SPRL does not accept any responsibility for the choice of a reduced VAT rate, and reserves all rights to issue a corrected invoice, immediately recover all costs, increase the VAT and demand payment from the client. The client will assume all responsibility for the applicable VAT legislation, and irrevocably accounts for all consequences of an incorrect application.