Legal Notice & Terms of Sale
1. Preliminary remarks
a) Legal notice
This website is published by ARJO WIGGINS FINE PAPERS LIMITED, a company incorporated under the laws of England and Wales with a share capital of £25,010,000, whose registered office is located at 70 Great Bridgewater Street, Manchester, M1 5ES, United Kingdom, company registration number 961440 (‘ARJOWIGGINS’). ARJOWIGGINS may be contacted by telephone on +33 (0)1 57 75 91 00 or by e-mail at firstname.lastname@example.org. For information on how to contact our customer services department, please refer to Clause 9.a). Intra-Community VAT number: FR 894 10649073.
This website is hosted by ITS INTEGRA, whose registered office is located at 65 Rue des 3 Fontanot, 92024 Nanterre and who may be contacted by telephone on +33 (0)1 55 17 36 50.
This website is accessible free of charge by all Internet surfers, and allows individuals and private and public legal entities (hereafter, ‘you’, the ‘user’ or the ‘customer’) to purchase personalised portfolios online.
c) Acceptance of general terms and conditions
By ordering a product on this website, you are deemed to have read and fully accepted these general terms and conditions and to have waived your own terms and conditions, by ticking the box ‘Je reconnais avoir lu et acccepté les conditions générales de vente et d’utilisation du site’ (I acknowledge having read and accepted the general terms and conditions of sale and use of the website). Ticking this box has the same legal force as a handwritten signature. You acknowledge the evidential value of the automatic logging systems used by ARJOWIGGINS, which you agree not to challenge in the event of a dispute, unless you are able to provide ARJOWIGGINS with proof to the contrary. By accepting these general terms and conditions, users are deemed to have legal capacity or, failing this, permission from a guardian, minors are deemed to have permission from their legal representative and persons acting on behalf of a legal entity are deemed to have permission from that entity.
2. Minimum IT configuration required
The following minimum configuration is required in order to browse and use the services on this website:
– 1Ghz processor; 256Mb of memory; resolution of 1268 x 768.
– Internet browser: Explorer 7, Firefox 2, Safari 3 or Google Chrome or a later version.
– Software for creating documents in PDF (Portable Document Format).
You therefore acknowledge that you have the authority and computer resources required to use this website, that you have use of a high-speed Internet connection and that you protect your system against viruses, Trojan horses, etc., thereby releasing ARJOWIGGINS from all liability in this respect.
Only you are authorized to edit your portfolio and you should never present ARJOWIGGINS as the editor.
When using the service offered on this website in order to produce and print a personalised portfolio, you unconditionally and unreservedly agree:
– to use the services offered by ARJOWIGGINS responsibly;
– not to interfere in the use of the service by other users;
– to respect the rights (particularly the intellectual property rights) of third parties;
– to comply with applicable laws and regulations;
– not to use the service or any interface made available by ARJOWIGGINS for any purpose contrary to public policy or morality or that violates an applicable law or regulation; and
– to upload your PDF file (the content of which must be complete, checked and ready for print) in accordance with the technical guidelines.
You are solely and fully responsible for your use of the service.
You are responsible in all circumstances for the data contained in your personal account or provided during your use of the service. You are also responsible for your actions during your use of the service and shall be liable for such actions before the relevant courts.
Legal action may be taken against you should you infringe or violate these general terms and conditions as a result of which ARJOWIGGINS suffers a loss, or an applicable law or regulation. You accept that ARJOWIGGINS will not be liable in that respect.
4. Order process
The availability and characteristics of each offer are indicated on the website, in the relevant description. To place an order, you should select a type of binding, personalise it according to the available options (by selecting your preferred pagination, paper, etc.), download the technical guidelines for preparing files and create a file in PDF in accordance with the technical guidelines, using the elements you wish to include. Once a file has been created on your computer, you should upload the PDF file and click on ‘commander’ (order). By going to your basket, you will be able to check the details of your order as well as the unit price of products and the total price of the order. You may of course remove items from your basket or cancel your order. Once your order has been confirmed, you may no longer make changes to the PDF file you have uploaded, i.e. the content of the portfolio you have ordered. In the order summary, you will also be informed as to whether you have a right of withdrawal and of the time limit within which you may exercise that right.
If you are happy with your order and wish to confirm it, you should click on ‘valider’ (confirm). A page will then be displayed on which you will be required to login (if already registered) or to register on the website by completing the relevant form, providing your personal details.
Once you have logged in or registered, you will be asked to check or edit your delivery and billing details. You will then be directed to a secure payment page and asked to pay for your order.
Once your payment has been received, ARJOWIGGINS agrees to acknowledge receipt by e-mail within a reasonable time period. This e-mail will contain confirmation that your order is being processed as well as the details of the order, the products ordered, delivery information and the procedure you should follow if you wish to exercise your right of withdrawal. In accordance with applicable French legislation, business customers are not permitted to withdraw and the right of withdrawal provided by the French Consumer Code does not apply to orders for personalised products. Unless stipulated to the contrary in the aforementioned technical guidelines, the file you wish to have printed must be uploaded in four-colour, high-definition PDF.
The prices indicated on our website are stated in Euros, inclusive of VAT but excluding delivery. Prices are fixed and will not be subject to any discount, rebate or reduction. ARJOWIGGINS reserves the right to change prices at any time, and those displayed are valid on the order date only and may not apply in the future. You will be informed of the delivery charge (which will vary depending notably on the number of pages included in each product) prior to payment. If it comes to light during the order process that the country to which you wish your order to be delivered is not available on ARJOWIGGINS’ system, you should contact our website customer services department. Deliveries to outside the EU’s customs territory (countries outside the EU, overseas departments and territories, etc.) are VAT-exempt. However, for deliveries outside the EU’s customs territory, please be advised that customs duties and other taxes may apply. You are responsible for completing the relevant formalities and for paying the relevant duties and taxes, as ARJOWIGGINS is in no way responsible therefore. Accordingly, before placing an order, you must check all relevant information and whether it is possible to import your product by contacting the relevant authorities in the country of delivery.
6. Retention of title
Products shall remain the property of ARJOWIGGINS until the relevant price has been paid in full, in accordance with this retention of title clause. Risks will however pass to the user upon delivery.
7. Payment information
You may place an order on this website and pay for your order by bankcard.
Payments made by bankcard are secured by RBS Worldpay and ARJOWIGGINS does not have access to any data concerning your bankcard. Payments are made directly to our bank. Orders must be paid for immediately and in cash. A penalty will be applied at three times the legal interest rate to any payment overdue to ARJOWIGGINS from the day after the due date, without prior notice.
a) Delivery times
Orders will be delivered by DHL or by such other delivery service as may be appointed by ARJOWIGGINS, within three weeks of receipt of your PDF file according to the technical guidelines and subject to receipt by ARJOWIGGINS of the full price of the order.
Delivery times for certain products or order volumes may be longer, in which case you will be notified accordingly before your order is confirmed. As delivery times are subject to receipt by ARJOWIGGINS of a file that conforms to the aforementioned technical guidelines, you acknowledge that you are fully aware of the fact that the delivery of your order will be delayed if your PDF file does not conform to said guidelines. Business users are not entitled to compensation, to reject products or to cancel an order on the grounds of a delay. They may however cancel an order that has not been received four weeks after the initial scheduled delivery date for a reason other than force majeure or a reason attributable to the customer, by contacting our customer services department (see Clause 9 below).
b) Delivery errors and apparent defects
You agree to check that your product is consistent with the product ordered upon delivery. Complaints regarding a delivery error or apparent defect should be addressed to our customer services department (see Clause 9 below) within three days of delivery. Thereafter, you will be deemed to have accepted the product and you may no longer make a complaint regarding a delivery delay or an apparent defect.
c) Partial damage and loss
Products are transported at the risk of business customers. You should refuse to take delivery of packages that are clearly and visibly damaged in order to benefit from the warranty offered by the carrier. You should also notify our customer services department immediately (see Clause 9 below) so that a new package can be prepared and dispatched on receipt of the returned damaged package. In such circumstances, the delivery times given above will no longer apply. Similarly, you should refuse to take delivery of any incomplete package or package containing damaged items. In accordance with Article L133-3 of the French Commercial Code, by accepting items delivered by a carrier, you forfeit your right to take any action against the carrier on the grounds of damaged or missing items unless you notify the carrier of the issue and provide relevant details by recorded-delivery letter within three days of acceptance (excluding public holidays). You will forfeit the right to compensation should you fail to complete this formality.
9. Consumer rights
a) Customer services
The ARJOWIGGINS customer services department can be contacted from Monday to Friday, between 9:30 a.m. and 6:00 p.m., by calling +33 (0)4 38 24 14 24 (normal rate), sending an e-mail to email@example.com. ARJOWIGGINS agrees to reply to e-mails within two working days.
b) (No) Right of withdrawal
In accordance with Article L121-20-2 of the French Consumer Code, consumers may not exercise a right of withdrawal in relation to orders for personalised products or products designed according to their specifications. As all products sold on the website are personalised according to customer specifications, customers may not exercise a right of withdrawal.
You may cancel your order if delivery is delayed by more than seven days, by letter sent by recorded delivery (signed for). You will then be refunded the price of the order. This clause will not apply if a delay is attributable to you (for example, if your file does not conform to applicable specifications or if you provide an incorrect address, etc.) or in the event of force majeure that is beyond the control of ARJOWIGGINS. In such circumstances, you agree not to take any action against ARJOWIGGINS and not to cancel the sale as provided in this clause.
10. French Data Protection Act of 6 January 1978
a) General information
Internet surfers are free to provide personal data about themselves, although they are not required to do so in order to browse the website. However, when users register on our website, we will collect various personal details from you. Users who do not wish to provide the information required to create a personal space on our website may not place an order on the website.
Data collected by ARJOWIGGINS are required in order to manage the services offered on this website and to fulfil our contractual obligations. Data are retained by ARJOWIGGINS, which agrees not to use them for any other purpose and not to pass them on to third parties unless specifically authorised or required to do so by law.
The contact details of all users registered on this website are retained for a reasonable period of six months, which enables ARJOWIGGINS to manage the website and to use the data appropriately. Data are securely retained, using current technical procedures, in accordance with the French Data Protection Act of 6 January 1978.
b) Right to access, correct and object to the use of personal data
In accordance with the French Data Protection Act, users have a right to peruse, access, correct and object to the use of personal data provided by them, by sending an e-mail to ARJOWIGGINS at firstname.lastname@example.org or sending a letter to the company’s registered office address stipulated at the top of these general terms and conditions. Customers’ personal data are electronically processed and reserved exclusively for ARJOWIGGINS. The person in charge of processing is Mr Philippe Menillet, Chief Information Officer. Customers’ personal data are not transferred outside the European Union.
c) IP address
ARJOWIGGINS reserves the right to collect the public IP (Internet Protocol) address of all Internet surfers. IP addresses are collected anonymously and retained for the same period as personal data, and are used solely to manage the services offered on this website. An IP address is a series of digits separated by full stops, which identifies a computer on the Internet.
ARJOWIGGINS must provide all personal details of an Internet surfer or website user to the Police (if requested to do so by a court) or to any other person (by order of a court). A user’s IP address may be checked against his identity held by the ISP (Internet Service Provider).
a) General information – Purpose – Term of use
To optimise browsing on this website for everyone and to enhance the functioning of interfaces and applications, ARJOWIGGINS may install a cookie on the computer of users of the Internet and this website. Cookies enable the company to store website browsing information (date, page and times) as well as data entered by users of the Internet and this website during their visit (searches, login details, e-mail address and password). Cookies will be retained on browsers’ and users’ computers for up to one month, and may be read and used by ARJOWIGGINS when users subsequently visit the website.
b) Right to object to the installation of cookies
Users of the Internet and this website may block and delete cookies and change the duration for which cookies are stored via their browsers (usually via ‘tools’ or ‘options’ / ‘privacy’ or ‘confidentiality’). Doing so will however affect their browsing experience. Although the systematic disabling of cookies on a browser will prevent the user from being able to use certain services or functionalities provided by ARJOWIGGINS, it will not constitute a loss for the user, who will not be entitled to any compensation as a result.
c) Deleting cookies
Internet browsers and website users may also delete existing cookies from their computer by configuring their browser accordingly (usually via ‘tools’ or ‘options’ / ‘privacy’ or ‘confidentiality’). Doing so will not affect their website browsing experience but will prevent them from enjoying the benefits of the cookie. They must then re-enter their personal details.
12. Exemption of ARJOWIGGINS’ liability in connection with this contract
Internet browsers and website users will not be entitled to claim to have suffered a loss or to claim any compensation if they are unable to access the website due to technical or other problems. In accordance with our obligation to provide accurate information, ARJOWIGGINS warrants that the visual images of products published on this website are accurate. However, due to current technical procedures, products may differ slightly from one computer to another (particularly in terms of their colour or shape) and there may be slight variations in products depending on the quality of graphics and displays or screen resolutions. Such variations and differences may not be attributed under any circumstances to ARJOWIGGINS, which will not be held liable in that respect.
The unavailability of one or more products (even for an extended period of time and without limitation) will not constitute a loss for Internet browsers and website users, who will not receive any compensation from ARJOWIGGINS. ARJOWIGGINS will not be liable under any circumstances for a breach of contract or default attributable directly or indirectly to you (such as an error or omission by you, the poor quality of graphic content provided, etc.) or in the event of force majeure according to the interpretation thereof by French courts (such as natural disasters, flooding, bad weather, procurement problems in the industry, etc.). ARJOWIGGINS will not be liable under any circumstances for the poor quality of files provided by you or if the files provided are not consistent with the technical guideline referred to in Clause 4. You are solely responsible for the elements provided by you. ARJOWIGGINS will not check or assume liability for the originality, authenticity or type of rights relating to files provided by you. ARJOWIGGINS will not be liable under any circumstances for claims made by third parties in relation to content provided by a user or for the use of a portfolio. Similarly, ARJOWIGGINS will not control the quality of elements provided by you and may not be held liable under any circumstances for typos (spelling, grammar or syntax mistakes, etc.), for the poor graphical quality of elements provided by you or for choices made by you when composing your portfolio. ARJOWIGGINS will not check the legality of elements provided by you. ARJOWIGGINS nevertheless reserves the right to refuse to print a portfolio that contains an element contrary to public policy, morality, an applicable law or regulation or these general terms and conditions. As the services proposed by ARJOWIGGINS are used under your sole and full responsibility, you agree to deal with any action brought against ARJOWIGGINS in connection with use of the service, and ARJOWIGGINS reserves the right to join any user to any such action. ARJOWIGGINS does not warrant that its service will increase your turnover. Similarly, it will not be liable under any circumstances for any costs or loss (loss of customers, loss of profit, etc.) suffered by you on account of the service provided and the portfolio ordered. In any event, should ARJOWIGGINS be held liable on whatever grounds, business users expressly and unreservedly acknowledge that ARJOWIGGINS’ liability shall be limited to the amount received by the company as consideration for the relevant order. As the products sold by ARJOWIGGINS are marketed in accordance with the legislation and regulations in force in France, ARJOWIGGINS may not be held liable for a breach of the legislation and regulations in force in other countries. The hypertext links on this website may direct users to other websites. ARJOWIGGINS may not be held liable in the event that the content of such websites breaches applicable legislation. Similarly, ARJOWIGGINS may not be held liable should a user suffer a loss on account of having used one of those websites.
13. Intellectual property rights
a) Intellectual property rights relating to elements provided by you
ARJOWIGGINS has no right of ownership over content provided by you.
When using the services offered on the website in order to create a portfolio, you agree to comply with applicable intellectual property legislation. You declare that you are the owner of all the content provided and that the content is not encumbered by any rights, or that you have received permission from the rights holder. You should not provide any content that infringes a third party’s right of personal portrayal or intellectual property rights and you release ARJOWIGGINS from all liability in connection with any claims made against it on account of the infringement of a third party’s rights.
By using this service in order to create and print a portfolio, you are granting a worldwide, non-exclusive, free licence to use the elements provided by you to produce and print your portfolio, for the term of protection of intellectual property rights. This licence notably includes the right to:
i) reproduce the elements provided in any way and in any medium whatsoever, particularly paper, a CD, DVD, hard drive or virtual electronic medium (Internet etc.);
ii) distribute, broadcast, transmit and transfer the elements provided in any way and in any medium whatsoever, particularly online;
iii) present, show in public and post the elements provided in any way, particularly by way of public screenings; and
iv) use, adapt, modify, add to and merge some or all of the elements provided by you with any existing or future work, particularly any type of element produced by ARJOWIGGINS.
b) Intellectual property rights relating to elements provided by ARJOWIGGINS
All elements of a portfolio not provided by you are made available to you by ARJOWIGGINS, on the understanding, however, that by accepting these general terms and conditions, ownership of said elements will not be transferred to you. ARJOWIGGINS owns or has permission to use these elements, which are protected by intellectual property legislation. You therefore agree to respect the intellectual property rights of ARJOWIGGINS and its assigns, and you unconditionally and unreservedly acknowledge that you only have a non-exclusive right to use said elements. As this contract does not confer any right to own or use elements provided by ARJOWIGGINS but only the right to use such elements, legal action may be taken against anyone who copies, distributes, broadcasts or uses the whole or part of one or more of these elements (even if the elements have been modified) without ARJOWIGGINS’ prior written permission. The above protection relates to all text and graphic content of the portfolio provided by ARJOWIGGINS, as well as the structure and graphic design thereof. As you only have the right to use the foregoing, only ARJOWIGGINS has the authority to bring an action for infringement or unfair competition in connection with the unauthorised use of the portfolio.
c) Intellectual property rights relating to elements published on this website
All elements of this website belong to ARJOWIGGINS and are protected by intellectual property legislation.
You therefore acknowledge that ARJOWIGGINS or its assigns may take legal action against anyone who copies, distributes, broadcasts or uses the whole or part of one or more of these elements (even if the elements have been modified) without ARJOWIGGINS’ permission.
The above protection relates to all text and graphic content on the website, as well as the website structure, name, style guide and database.
ARJOWIGGINS agrees to keep confidential and not to disclose information and elements provided by you.
The parties expressly agree that ARJOWIGGINS is not authorised to outsource all or any part of the service.
16. Variation of general terms and conditions
ARJOWIGGINS may vary these general terms and conditions at any time. The general terms and conditions applicable to you are those in force on the date you place an order or log in to this website. ARJOWIGGINS naturally agrees to retain all previous versions of its general terms and conditions and to provide them to users upon request.
17. Governing law and jurisdiction
These general terms and conditions are governed by French law and any dispute will be referred to the French courts. The original contract was drawn up in French. The Paris Commercial Court shall have exclusive jurisdiction over any dispute with a business customer.
18. Amicable dispute resolution
Unless prohibited by public policy provisions, any dispute that may arise in connection with the performance of these general terms and conditions may be submitted to ARJOWIGGINS for consideration, with a view to amicable resolution, before being referred to a court. A request for amicable resolution will not suspend the time limit for taking legal action.
Should a clause of these general terms and conditions be declared invalid by decision of a court, this will not affect the other clauses, which shall remain in full effect.
No forbearance by ARJOWIGGINS in relying (either temporarily or permanently) on one or more clauses of these general terms and conditions should be construed as a waiver of the right to rely on the other terms and conditions.