This site (the “Site”) is published by BULK, SAS with capital of €4,000, registered in the Bordeaux Trade and Companies Register under number B 810 025 155, with registered office at 111 Avenue Jean Mermoz 33320 Eysines. Tel: + 33 05 35 38 75 04 The Site’s Publishing Director is: Antoine Challot. The Site is hosted by OVH, SAS, headquartered at 2 rue Kellermann, 59100 Roubaix, France. Tel: 1007 Access to the Site and use of its content are subject to the conditions of use described below. By accessing and browsing the Site, visitors accept the following stipulations without reservation:

• The Site is the exclusive property of BULK, the only company authorized to use and exploit the intellectual property rights and personality rights attached to this site, in particular trademarks, designs and models, copyright and image rights, on an original basis or through express authorization, patents and all other intellectual property rights.
• The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than personal and private use for non-commercial purposes, is strictly forbidden.

BULK makes every effort to ensure that the information published on the Site is accurate and up-to-date, and reserves the right to correct the content at any time without notice. Where permitted by law, BULK accepts no liability:

• for any imprecision, inaccuracy, omission or for any damage resulting from the intrusion of a third party leading to a modification of the information made available on the Site.
• in the event of damage caused by an unauthorized third party accessing the Site or making it impossible to access.

The visitor is informed that access to the Site may be interrupted at any time by BULK for reasons of maintenance, security or any other technical constraint. Hypertext links to the Site may only be created with the prior written authorization of BULK, which may be revoked at any time. BULK declines all responsibility for the content of sites linked to the Site. BULK informs visitors to the Site that these conditions may be modified at any time. These modifications come into force as soon as they are posted online and are deemed to have been accepted without reservation by any visitor accessing the Site after they have been posted online. It is therefore the responsibility of all visitors to read these conditions carefully before browsing the Site. These terms and conditions are governed by French law. The French courts have territorial jurisdiction to hear any dispute arising from the use of the Site.

APPLICATION AND ENFORCEABILITY OF TERMS AND CONDITIONS OF SALE (CGV)

Our relationship with our customers is governed by the professional practices and general conditions of sale of the graphic arts industry. The present general terms and conditions of sale (GTCS) are intended to supplement the professional practices and general terms and conditions of sale of the graphic arts industries with regard to printing work, available by simple letter addressed to the Fédération de l’Imprimerie et de la Communication graphique and deemed to be known to the customer. Their purpose is to determine the contractual conditions of execution by SAS BULK of the order placed by the customer. The fact of placing an order with our company implies the customer’s full and unreserved acceptance of these terms and conditions. No special condition may, unless formally accepted in writing by SAS BULK, take precedence over the GCS. The fact that SAS BULK does not avail itself at a given time of any of the present GTC shall not be interpreted as a waiver of the right to avail itself at a later date of any of the said conditions.

1 – ORDER

The customer has access to an online file deposit platform in order to place an order. All declared information, such as delivery address, quantity, billing address and confidentiality, must be accurate and may not be modified. Orders will only be taken into account once partial or full payment of the price including VAT has been sent to SAS BULK’s head office and the print order has been validated. Any order implies acceptance of the prices and the description of the products and services. SAS BULK declines all responsibility in the event of validation of a final proof.

1.1 ORDER REFUSAL

SAS BULK reserves the right to refuse an order if the documents supplied by the customer do not meet the criteria required for quality printing. SAS BULK also reserves the right to refuse an order if the customer does not comply with the ordering procedures. Non-compliance by the customer with the ordering procedures indicated on the site releases SAS BULK from all liability (payment, technical constraints, grouping of orders, file naming, etc.). An order refused by SAS BULK does not entitle the customer to any compensation. Under no circumstances will SAS BULK return the documents supplied.

1.2 FILE QUALITY

SAS BULK has no obligation to check the files. If the printing of the files supplied by the customer does not meet the criteria required for quality printing, no complaint will be possible. Printing is carried out from files which must comply with traditional printing standards and respect our technical data sheet. Any failure to comply with these imperative rules is the responsibility of the customer. SAS BULK reserves the right to make any necessary modifications to the files supplied by the customer, without having to consult the latter,
which do not comply with the technical constraints indicated on the site, particularly if these modifications contribute to meeting the deadlines set for the completion of the order (CMYK conversions, application of a rotating bleed, adaptation of the document to the correct format, etc.). Any changes to this timetable, in particular as a result of delays in the delivery of work items to SAS BULK or in the return of press proofs to the workshops, lead to disorganization of the execution programs and a rush in their completion, which is often carried out at abnormal times. This is not only detrimental to the quality of the finished product, but also a source of errors and higher costs. In such cases, SAS BULK is entitled to charge an appropriate surcharge.

1.3 ORDER VALIDITY

All customers must follow a registration and validation procedure before their order can be put into production. This validation constitutes signature and express acceptance of all operations carried out on the site. It is expressly agreed that, in the absence of manifest error on the part of SAS BULK, the data stored in SAS BULK’s information system has evidential value with regard to orders placed by the user. Data on computer or electronic media constitute valid proof and, as such, are admissible under the same conditions and with the same probative force as any document drawn up, received or kept in writing. Purchase orders and invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code. The placing of an order for the reproduction of an object that is protected by artistic property laws implies that the customer asserts the existence of a reproduction right for his or her benefit. The customer must therefore provide a full guarantee in the event of any dispute concerning this right of reproduction. We also retain ownership of any photographs or films we produce, unless otherwise agreed, even if they have been invoiced separately. Any “print order” dated and signed by a customer releases us entirely from liability for errors or omissions. All delivery deadlines are given as an indication only, and failure to meet them shall not give rise to any deduction, discount or compensation whatsoever, whatever the causes, importance or consequences of the delay. Our goods, even when sold carriage paid, travel at the consignee’s risk, and our liability is discharged as soon as the receipts or bills of lading are handed over to us. We decline all responsibility for the correct execution of a job when the material is supplied to us by the customer, in the event that the said material is inappropriate or defective. Any alterations, modifications or changes made by the customer to the initial project will always be invoiced according to the time required to carry them out.

2 – QUOTATION

The submission of a quotation does not commit SAS BULK to carrying out the work specified in the quotation. Any estimate studied in the absence of final documents is considered approximate. Unless expressly agreed otherwise, quotations are valid for one month from the date of issue, due to variations in the price of raw materials (paper). After this period, prices may be revised.

3 – SUPPLY OF FILES BY THE CUSTOMER

The customer provides the files required for printing. The customer is entirely responsible for the completeness and accuracy of his files. SAS BULK is not under any obligation to check the files supplied by the customer. The customer is responsible for the text and graphic content of the files, the online print order or the print order. SAS BULK undertakes only to reproduce the colors of the computer file supplied by the customer as they appear on the production line. The colors visible on the customer’s screen are not contractual and will under no circumstances be those rendered on the printed documents (the same applies to prints made by you on an inkjet or laser printer). Prints are made in hot stamping film (specific color chart), CMYK (primary color) or PMS Pantone. If files contain RGB images, they will be converted to CMYK (RGB color reproduction is always different from CMYK images). As most prints are amalgamated, the customer accepts without reservation the technical constraints associated with this type of printing. SAS BULK cannot guarantee an accuracy of less than 1.5 mm when folding and cutting printed matter. Similarly, reprints can never be 100% identical (variation in color over time, yellowing of paper or unavailability of hot foil). SAS BULK has the right to archive files received. Such archiving is not systematic. The seller declines all responsibility in the event of damage or loss for any reason whatsoever. All projects and models drawn up by us remain our exclusive property. They may not be reproduced in any form without our agreement. All preparatory work is always at the customer’s expense, even if no action is taken within two months of its presentation, and gives rise to an invoice. In the case of work involving creative activity in any form whatsoever within the meaning of the legislation on artistic property (drawings, photos, engravings, films and snapshots of any kind, imprints, composition in special characters, typographic or lithographic arrangements, binding and brochure models, cutting forms, gilding irons and plates, etc.), the copyright deriving from this creation, and in particular the right of reproduction, remains acquired and is only transferred to the customer by means of an agreement to this effect. This agreement to transfer copyright, and in particular the right of reproduction, must be express; it may not result either from the fact that the creative activity has been provided for in the order, or from the fact that it is the subject of special remuneration, or from the fact that ownership of the material support of the copyright is transferred to the customer. In the absence of a special exclusivity agreement, the artistic creation produced may be used again. These rules also apply to preparatory work.

Preparatory work (sketches, models and mock-ups, photos, documents, typographical compositions, etc.), carried out at the request of a customer and not acted upon within one month of presentation, will give rise to an invoice which will be paid immediately.

4 – TERMS OF PAYMENT

4.1 PRICING

Prices are indicated in Euros (€). They do not include VAT (20%), and do not include shipping costs. The price of goods will be invoiced on the basis of the price list in force on the day the order is accepted. Invoices and quotations are subject to sales tax. Customers eligible for the reduced rate of VAT must provide all necessary proof. Any change in the applicable VAT rate may be reflected in the prices of products and services. Similarly, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the selling price of the items on the SAS BULK website and sales documents. The prices of items ordered on the site and the date of the order in question are binding. Prices are increased according to current rates when work is carried out outside normal working hours, as a result of customer requirements. Prices are calculated on the basis of the customer’s supply of professional-quality computer files. Any work carried out by SAS BULK to bring the files into line will be subject to a surcharge based on an hourly rate of €90 excluding VAT (as at 01/07/2015). Authors’ corrections will be invoiced in addition. All changes made to texts or photos, or to the layout of established proofs, are considered “author’s corrections” and are at the customer’s expense.

4.2 PAYMENT

Payment may be made by credit card, cheque or bank transfer. In the case of deferred or forward payment, payment within the meaning of the present article does not consist in the delivery of a bill of exchange or cheque implying an obligation to pay, but in their payment on the agreed due date. These terms of payment apply to all business customers. Any deviation from these terms of payment can only result from an agreement between the parties, and must result in the payer paying interest or a subsidy at the Banque de France discount rate, plus 1% per annum for bank charges. Only payment within 2 days of receipt of an invoice may be considered “cash payment”. In the event of late or non-payment of a due date, or refusal to accept a bill of exchange, all sums owed by the customer to SAS BULK, for whatever reason, become immediately payable, without formal notice or other formality. Goods are payable at the domicile of SAS BULK. Goods are payable to the company:
SAS BULK
111 AVENUE JEAN MERMOZ
33320 EYSINES

4.3 PENALTIES FOR LATE PAYMENT

In the event of late payment, SAS BULK may suspend all current orders, without prejudice to any other course of action. Any sum not paid by the due date shown on the invoice will give rise to the application of penalties equal to twice the legal interest rate. These penalties are automatically payable at the request of SAS BULK without prior formal notice. In the case of payment by bill of exchange, failure to return the bill of exchange will be considered as a refusal of acceptance equivalent to a default in payment. Similarly, in the case of payment by instalments, non-payment of a single instalment will result in immediate payment of the entire debt, without formal notice. Any invoice recovered by legal action will be increased by a fixed indemnity of 10% of the amount inclusive of tax, as a non-reducible penalty clause within the meaning of article 1229 of the French Civil Code. Under no circumstances may payments be suspended or offset in any way without the prior written agreement of SAS BULK, and any partial payment will be deducted first from the sums due the earliest. If the execution of certain work takes more than 15 days, SAS BULK sends its customer invoices in instalments; each invoice relates to the work carried out during the 15 days that have elapsed and, if applicable, to the raw materials reserved for work to be carried out at a later date and relating to the same order. Invoices are payable according to the terms and deadlines indicated.

5 – DELIVERY

5.1 TRANSPORT

Unless otherwise agreed, delivery is deemed to have been made to our premises. If delivery is delayed for reasons beyond our control, it will be deemed to have been made on the agreed date. Shipping costs include a single shipment to the delivery address indicated by the customer. The same applies to costs arising from the bank’s refusal to make payments. Shipping costs include a single shipment for delivery within mainland France, excluding Corsica (with supplement). Goods travel at the buyer’s risk, and in the event of damage, loss or shortages, it is the buyer’s responsibility to make any reservations or take any action with the carriers responsible. SAS BULK declines all responsibility for goods which, even when sent carriage paid, always travel at the buyer’s risk. Delivery times are given as an indication only. A firm deadline must be expressly agreed with SAS BULK and indicated by it. The delivery time indicated corresponds to the expected delivery time (ex works). Delivery times are given in working days. Working days are Monday to Friday, excluding public holidays.

5.2 DEADLINES

Deliveries are made subject to availability and on a first-come, first-served basis. Our delivery times are given as an indication only. Due to manufacturing constraints, SAS BULK reserves the right to make deliveries in instalments, with no right of objection. Exceeding indicative lead times may not give rise to damages, deductions or cancellation of orders in progress. However, after formal notice by the purchaser to deliver the order, not followed by execution within 15 days, the sale may be cancelled at the request of either party. The purchaser may obtain restitution of any deposit paid, to the exclusion of any other indemnity or damages. In the event of force majeure, we shall be released from our obligation to deliver. The following are considered to be cases of force majeure which relieve SAS BULK of its responsibility in the event of delay: stoppage of motive power, war, riot, fire, flood, strikes, accidents, the impossibility for SAS BULK to obtain supplies, and mechanical or electrical problems. In any case, delivery on time can only be made if the buyer is up to date with his obligations towards the seller, whatever the cause.

5.3 COMPLAINTS

Quantities must be checked by the customer on receipt of the goods at the customer’s premises. In the event of missing or damaged goods on arrival, it is the customer’s responsibility to :

• Write down any reservations on the carrier’s receipt, specifying the exact number of missing or damaged products, or the subject of the complaint.
• To confirm its reserves to the carrier by extrajudicial act or by registered letter with acknowledgement of receipt, within 3 days of delivery, with a copy to SAS BULK, specifying the references of the delivery note.

Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or non-conformity of the product delivered with the product ordered or the dispatch note must be made within 3 days of arrival of the products. Complaints must be made by registered letter with acknowledgement of receipt. In the absence of a complaint within the applicable time limit and in the prescribed form, the customer will be deemed to have accepted the goods without reservation. Under no circumstances may disputes with carriers justify non-payment of invoiced goods. In the event of a defect or non-conformity in the products delivered, duly noted by the seller, the buyer may obtain a reprint of the products, to the exclusion of any indemnity or damages. If the customer notes a printing problem, he may request, within a maximum of eight days, the reprinting of the documents by registered letter with acknowledgement of receipt, on condition that the goods are returned with the prior agreement of SAS BULK, or that the defective documents are made available to SAS BULK’s carrier if we decide to recover the goods ourselves. This right can only be exercised if all copies of the said product are returned in their packaging together with a copy of the invoice and/or delivery note. We will only bear the cost of returning the goods to our carrier in the event of a manufacturing defect recognized by SAS BULK. If we find that the goods are in conformity, the customer must pay the return costs as well as the shipping costs required to send the documents within a maximum of 20 days. After this period, the goods will be automatically destroyed without the customer being entitled to a refund. In the absence of prior written agreement from SAS BULK, any return of goods will be refused. Any goods returned without the agreement of SAS BULK will be automatically refused. The defectiveness of a part of the processed goods does not justify their total rejection. SAS BULK may only be held liable in the event of gross negligence on its part, and will be limited to the amount of defective copies actually produced by SAS BULK. In all cases, the customer must provide proof that the defect is attributable to SAS BULK. SAS BULK may not be asked to replace defective copies if the number of defective copies delivered to the customer does not exceed 5% of the quantity actually delivered. Defects that are considered to be tolerances of the trade due to the technical constraints of our business do not give rise to any claim. Thus, a slight difference in color is not considered a defect, nor even a manufacturing change in the raw material such as paper, hot stamping foil or ink.

6 – DELIVERY TOLERANCES

Due to manufacturing contingencies, SAS BULK is not obliged to provide the customer with the exact quantities ordered. The delivery tolerances that the customer is obliged to accept are plus or minus 10%, depending on the print run. Within these limits, SAS BULK invoices the quantities actually delivered. The customer accepts that there may be variations in shade throughout a print run, and that the operator may have missed a few sheets due to a mishap or lack of pressure. This is why we always deliver a higher quantity, so as to ensure the right quality. The customer will therefore accept the presence of minor defects on the entire print run, invisible to the unsuspecting user, such as chips, slight variations in color or intensity, slight shifts, cutting or poor application of the hot stamping foil.

7 – WITHDRAWAL/CANCELLATION OF ORDER

Any cancellation of an order can only be taken into consideration if it is received in writing by recorded delivery before the start of the work and the ordering of the necessary supplies. Any administrative and technical costs incurred are entirely at the customer’s expense. The minimum amount of these costs, depending on the progress of the order, is €150 excluding VAT.

8 – WASTAGE RATE

Print waste rates are governed by article 35 of the Common Customs and Practice and must be agreed with SAS BULK prior to execution of the job and in consideration of the number of machines employed.

9 – AUTHORIZATIONS

The customer is solely responsible for obtaining all necessary administrative and private authorizations related to the use of the products and intellectual property rights. SAS BULK shall not be held liable under any circumstances. The customer is solely responsible for the omission of compulsory legal information, including the obligation to include our identity.

10 – INTELLECTUAL PROPERTY

10.1 FILES SUPPLIED BY THE CUSTOMER

Any order relating to the reproduction of a design, model, brand or other product protected by the French Intellectual Property Code implies the customer’s assertion of the existence of a reproduction right for his or her benefit. In the event of an order giving rise to infringement proceedings, it is formally stipulated that the customer alone will bear the cost of any civil penalties and all expenses incurred by SAS BULK.

10.2 SAS BULK CREATIONS AND FEASIBILITY STUDY

Any order involving creative activity, feasibility research or prototyping on the part of SAS BULK within the meaning of the intellectual property code remains the entire property of SAS BULK. Unless expressly agreed otherwise, SAS BULK retains all copyrights arising from SAS BULK’s creations, feasibility studies and prototypes, and in particular the right of reproduction. This assignment of copyright must be in writing. Such assignment can only result from a written contract, and can under no circumstances be deduced from the fact that ownership of the material support has been transferred to the customer, or from a specific remuneration for services or the order. In the absence of a special exclusivity agreement, the artistic creation created by SAS BULK may be used again by it. These rules also apply to preparatory work.

11 – ENTIRE CONTRACT

The parties acknowledge that this contract constitutes the entire agreement between them and supersedes any previous offer, provision or agreement, whether written or verbal.

12- NULLITY

If any provision of this contract is found to be null and void by virtue of a current rule of law or a final court decision, it shall be deemed unwritten, but this shall not invalidate the contract or affect the validity of its other provisions.

13 – WAIVER

The fact that either party does not claim the application of any clause of the contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that party of its rights under the said clause.

14 – DOMICILIATION

The parties elect domicile at the addresses indicated on the order form for the user and at the address indicated on the quotation or invoice for the seller.

15 – RESERVATION OF OWNERSHIP

The seller reserves ownership of the goods until full payment of the price in principal and accessories. In the event of non-payment of the price on the agreed due date, SAS BULK may reclaim the goods and the sale will be cancelled by operation of law if it sees fit. The delivery of a document creating an obligation to pay (draft or other) does not constitute payment within the meaning of this clause. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause. The goods remain the property of the seller until full payment has been received, and the buyer is prohibited from disposing of them for resale or processing. The goods remain our property until full payment of the price, and may be repossessed on simple demand if payments are not made on the agreed dates. Any clauses to the contrary inserted on our customers’ commercial papers will be considered null and void. Our sales and services are governed solely by the present terms and conditions, to the exclusion of our customers’ terms and conditions of purchase or any other document issued by them.

16 – DISPUTES

Only French law is applicable. In the event of litigation of any nature or dispute relating to the formation or execution of orders, the court of the place of execution of the provision of services shall have sole jurisdiction, regardless of the terms of payment, without any jurisdiction clauses that may exist in buyers’ documents being an obstacle to the application of the present clause.