General Conditions of Sales (CGV)

The general conditions of sale given hereinafter explain in detail the reciprocal rights and obligations of the TCB company and its customers in the framework of the sale of the following merchandise: notebooks, jotters, guest visitor book, notepads, whether or not customized in a company’s colours, and all other additional related products.

Any service performed by TCB thereby involves the Customer’s unreserved acceptance of and respect for the present general conditions of sale.

A contract shall be deemed closed only once the order is confirmed by TCB.

After validation of payment and reception of the technical items in compliance with the information given in the “technical guide”, the order shall be deemed accepted by TCB. TCB shall confirm acceptance of the order to the Customer using one of the following means: e-mail, fax or written letter.

This confirmation, or if relevant, the refusal, shall be confirmed to the Customer within no later than 48 working hours after receiving the order. Additionally, TCB reserves the right to not confirm an order, for whatsoever reason but related in particular to a problem of raw material supply, a problem with the received order, a problem with the customization of files or a foreseeable problem concerning the delivery to be made.

The Customer may not cancel his or her order after receiving confirmation of the order from TCB.

The Customer shall refrain from reselling the products in question without firstly having informed TCB.

The prices of all sold merchandise are those in effect on the day an order is placed.

Prices are given in euros and calculated exclusive of VAT. Consequently, prices are marked up by the applicable rate of VAT and by applicable transportation costs as at the day of order placement. They may also be raised by the cost of any subsequent corrections or changes needed for the proper execution of the contract. TCB undertakes to inform the Customer of any such costs.

The Customer shall accept any such subsequent costs, failing which the contract of sale may be cancelled.

For overseas deliveries, the Customer undertakes to pay, or have paid, the forwarding agent or transporter directly for any customs duties, VAT or other taxes payable when importing products into the country of delivery. TCB reserves the right to change its rates at any time. However, it undertakes to invoice ordered merchandise at the prices given when recording the order. If the purchase contract uses a foreign currency, the applicable rate of exchange shall be that in effect at the date of the confirmation of order.

All rates presented as part of an exceptional promotion offer by TCB shall be limited to the stated promotion periods.

No order received after the promotion dates, however transmitted (e-mail, telephone, fax, post), may be accepted at the promotional rate.

No discount shall be granted in the event of early payment.

The settling of TCB payments on account and invoices shall be made:

- by chèque ;
- par bank transfer.

For residents of the European Union, the Customer shall pay 50% of the total order on account and settle the balance upon reception of the invoice issued further to delivery or removal of merchandise.

For non European Union customers, orders will be recorded upon reception of the Customer’s payment on account, i.e. 100% of the total amount by bank transfer or banker’s cheque made out in euros.
All prices are given exclusive of delivery costs.

Failure to pay, in full or in part, the final invoice further to delivery of the merchandise shall incur a late payment penalty equal to 1.5 times the legal rate of interest.

The legal rate of interest considered shall be that in effect on the day the invoice is issued.This penalty shall be calculated on the outstanding sum due, ex VAT, and shall run from the date of issuance of the invoice with no final demand for payment necessary.

If the Customer has failed to pay outstanding sums due fifteen days after implementation of the “late payment” clause, the sale shall be duly cancelled and may entitle TCB to claim legal damages. 

TCB shall retain ownership of goods delivered or removed until the price thereof has been paid in full, i.e. the principal and any accessories.

In this respect, should the Client go into administration or be wound up in a court of bankruptcy, TCB shall reserve the right to claim all delivered or removed merchandises that remain unpaid in the framework of the collective procedure.

Delivery shall be made:

- at the location stated by the Customer on the order form or at any other location stated subsequently by the Customer but no less than 96 hours prior to the scheduled date of delivery.

The delivery schedule stated when recording an order is given for purposes of guidance only and cannot be guaranteed.

Consequently, any reasonable delay with product delivery shall not entitle the Customer to:

- claim legal damages;
- cancel the order.

In the event of missing merchandise or goods damaged during transportation, the Customer shall formulate all the necessary reserves on the delivery slip upon reception of the said merchandise and do so in the presence of the transporter.

Additionally, the Customer shall confirm these reserves in writing within 2 days from reception, by registered letter with return receipt requested sent to the address of TCB. TCB may not be held responsible for any damage to merchandise arising from the Customer’s absence at the time of delivery. The transfer of product-related risks is effective as soon as the products are delivered.

The responsibility of TCB may not be engaged if the non-execution or late execution of any one of its legal obligations described under the present general conditions of sale relates to a case of force majeure.

In this respect, the notion of force majeure shall cover any unforeseeable and irresistible exterior event in the sense of article 1148 of the Civil Code.

Any dispute arising from the construal and/or execution of the present general conditions of sale shall be governed by French law.

Failing an out-of-court settlement, the dispute shall be heard by the Tribunal de Commerce de Nanterre.