Article 1 :
The present general conditions of sale apply to all sales made and to all services provided by Graphicarte. The contractual relations between Graphicarte and the buyer are governed exclusively by the content of the present general conditions to the exclusion of all other general or specific conditions. The buyer acknowledges having knowledge of them and explicitly waives its own general conditions. Any exception to the present general conditions must be expressly confirmed in writing by Graphicarte and will have only an isolated and singular effect. The failure of Graphicarte to exercise one or more of its rights as specified in the present conditions may never be considered as waiving the exercise of this right or these rights.

Article 2 : Territoriality
The documents concerning the proofs of payment, the products or any useful information shall be addressed only to the place of delivery indicated at the time of the order.

Article 3 : Order and time period
3.1. Every order to Graphicarte must be the object of a purchase order, in the form of "e-commerce solution" (e-commerce process making it possible to place an order with Graphicarte), issued from the Graphicarte site, duly completed and validated by the buyer. Any order made on a different support may be binding on Graphicarte only if it has been the subject of written confirmation on its part.

3.2. The confirmation of the order is valid only when an e-mail has been sent from Graphicarte to the buyer confirming that the order has in fact been validated. The buyer expressly undertakes to consult his/her electronic mail regularly.

3.3.In any event, Graphicarte is bound only by its written agreement to an order from the buyer. Any order from the buyer obligates the latter irrevocably. In fact the customization of the product rules out having the order cancelled by the customer later. If, however, the buyer cancels an order after validation for any reason whatsoever, by right the buyer will owe Graphicarte, solely due to this cancellation, fixed compensation set at a fixed sum of 40% of the price mentioned in the order, without prejudice to the possibility for Graphicarte to demand redress in court for the whole of the harm resulting for it from this cancellation.

3.4. The delivery dates communicated are purely for information purposes and do not imply any obligation of results for Graphicarte. Its failure to meet deadlines may not therefore in any case justify a demand for compensation and interest on the part of the buyer or a cancellation of the order by the buyer.

Article 4 : Prices and reservation of title
4.1. The prices are indicated EUR, excluding mailing costs, exceptional costs and administrative costs.

4.2. Whatever the origin of the orders placed with Graphicarte, all the orders must be paid in EUR.

4.3. Graphicarte reserves the right to modify its prices, at any time and for any reason. In such a situation, the delivery of the order will be invoiced based on the rates in force at the time of the acceptance by Graphicarte of the order in question.

4.4. Graphicarte declines any liability in the event of any error that arises in its offers.

4.5. The products sold remain the property of Graphicarte until the full payment of the sums due by the buyer.

Article 5 : Final corrected proof
The validation of the Final Corrected Proof by the client leads to the full and complete acceptance of the printing of the text as it appears on it, as well as of its presentation. Graphicarte does not perform any verification as to the content of the purchase order.

Article 6 : Shipping of the merchandise
The merchandise will be sent by Graphicarte to the address communicated by the buyer, at the exclusive risk and peril of the buyer. The shipping costs are the buyer’s responsibility.

Article 7 : Purchase waiver
In application of articles 79 3° and 80 § 4 2° of the law of 14 July 1991 on trade practices and on information and consumer protection, to the extent that the merchandise from Graphicarte is especially the result of the buyer’s specifications and that this merchandise is clearly customized, the buyer does not have any right to a purchase waiver.

Article 8 : Payment
8.1. Except with a stipulation to the contrary, all Graphicarte invoices are payable in cash. The payment must be made to the registered headquarters of Graphicarte. All the costs of any kind connected with the payment of Graphicarte invoices are always to be borne by the buyer.

8.2. The on-line payment of orders can be done either by credit card (Visa, Mastercard) or by e-banking (Dexia net-banking, Ing home-pay, KCD on-line, CBC on-line). In this regard, the Graphicarte site is the object of an Ogone security system in order to ensure optimum protection of the data transmitted during all the operations carried out via the Graphicarte site.

8.3. In the event of non-payment of an invoice when it is due, solely by the expiry of the term and without prior notification being necessary, the buyer shall be held by right to the payment of interest on overdue payments at the annual rate of interest of 15% until payment is made in full, as well as to a penalty clause equivalent to 20% of the amount of the order.

8.4. The non-payment of an invoice at its due date allows Graphicarte:

• to suspend any other order or order in progress;
• to be released from any delivery date for other orders in progress.

8.5.Any possible claim relating to an invoice or to a delivery must be communicated in writing to Graphicarte within 10 calendar days from the date of the invoice, failing which it will be considered to have been accepted and approved without reservation. Any later claim will no longer be admissible. The submission of a claim does not give the buyer the right to evade the payment obligations as stipulated above.

Article 9 : Acts of God
In the event of an act of God, Graphicarte has the right to cancel the contract, or to suspend its execution, without the buyer being able to claim any compensation.

Article 10 : Jurisdiction and applicable law
The courts with jurisdiction over the registered headquarters of Graphicarte alone have the competence to judge any difference which might arise directly or indirectly on the occasion either of the execution or the non-execution of one or more clauses of the present general conditions of sale or of their interpretation. Any difference relating to the execution or the interpretation of the contractual relations between the buyer and Graphicarte is subject to Belgian law.

Article 11 : Scope of application
The present conditions of use of the Graphicarte site apply to all the operations carried out on the Graphicarte site. The contractual relations between Graphicarte and any person using the aforementioned site are governed exclusively by the content of the present conditions of use to the exclusion of any general or specific conditions other than those of Graphicarte. The person who uses the Graphicarte site acknowledges having knowledge of them and explicitly waives his/her own conditions of use.

Any exception to the present conditions of use must be expressly confirmed in writing by Graphicarte and will have only an isolated and singular effect.

The failure of Graphicarte to exercise one or more of its rights as specified in the present conditions may never be considered as waiving the exercise of this right or these rights.

Article 12 : Description of the services offered by Graphicarte
Graphicarte makes available, via its Web site, a tool enabling any person using its site in particular:

• to choose one or more business cards from among the models produced by the professional graphic artists of Graphicarte;
• immediately produce one or more business cards on line;
• address for printing the "graphic files" produced by the buyer;
• order tailor-made graphic designs.

Graphicarte is totally uninvolved in respect of the whole of the content of graphic files that are sent to it for printing; Graphicarte therefore is not in any way responsible for the content of these graphic files, the requester assuming alone full responsibility for it.

Article 13 : Access to Graphicarte’s Internet site
13.1. Only persons registered with the Graphicarte site can access it and benefit from the services offered.

13.2. In this regard, any registered person undertakes to supply correct information and to ensure its updating continuously, even if it does not regularly use the services offered by Graphicarte. Failing this, Graphicarte reserves the right to suspend or cancel the account of the defaulting person, without prejudice to the possibility for Graphicarte to demand compensation in court for all the harm resulting for it from this absence of updating (bids for services issued to incorrect addresses, delays in orders, etc.).

13.3. The services of Graphicarte are accessible by means of the assigning of a login and a password, the confidential nature of which each user is obligated to maintain.

13.4.Any person registered or formerly registered in the Graphicarte site, having knowledge of the unauthorized use of the account or of the password of a person registered in the Graphicarte site, undertakes immediately to inform Graphicarte in such a way as to allow it to take the necessary measures that are required. This obligation of information continues even after the end of the contractual relations between the person who uses the site and Graphicarte.

13.5. At all events, Graphicarte may not be held liable for detrimental consequences that the divulging of the login and password of one of the persons registered with its site might cause.

Article 14 : Personal data
14.1.With a concern for carrying out the transactions of each of the persons registered with the Graphicarte site, the data and information transmitted during an operation will be kept in an individual account of Graphicarte. By this means, Graphicarte intends to ensure speed and efficiency in the management of future orders and, if need be, to propose to all persons registered with its site customized services that take into account the profile of the persons in question.

14.2. The Graphicarte site makes available to persons registered with its "the personal data service" that allows them easily to modify the personal data that they have encoded themselves.

14.3.Graphicarte complies with the terms in force of the Belgian law of 8 December 1992 relating to the processing of personal data, in complete conformity with the European directives. The Belgian law of 8 December 1992 stipulates that the consent of the persons concerned by the orders of Graphicarte must be obtained to be able to gather personal data concerning them, that the personal data must turn out to be correct, appropriate and relevant and collected solely with a precise, clear and legal purpose. The person from whom the personal data has been gathered must have access to this personal data and, if need be, have the possibility of modifying it.

14.4. By using the Graphicarte site, all persons expressly signify their approval for Graphicarte to use this data in conformity with the terms cited above.

Article 15 : Intellectual property
All the elements of the Graphicarte site are and remain exclusively the intellectual property of Graphicarte. No one is authorized to reproduce, make use of, rebroadcast, or use for any purpose whatsoever, even partially, the elements of the site, whether they are computer programs, visuals or sound elements. Every simple or hypertext link is strictly prohibited without prior express written agreement from Graphicarte.

Article 16 : Compliance with the applicable regulations
16.1. Any person registered with the Graphicarte site expressly undertakes to respect all their legal and para-legal obligations established at the international and European level as well as the Belgian level, whether concerning taxation, social welfare or other matters. In this regard, all persons registered with the Graphicarte site undertake expressly to inform themselves of the exact content of these obligations and, if need be, to call upon expert counsel on the subject.

16.2. Graphicarte may not be held liable, in any event, for the failures by a person registered with its site to meet his/her obligations.

Article 17 : Commissions
17.1. Every person registered on the Graphicarte site will benefit from a commission for every product sale on the Graphicarte site made through him/her. The amount of this commission will correspond to a percentage of the turnover on the product(s) that have been sold. The payment of the commission in question is due only at the moment that Graphicarte has received the revenue from the corresponding sale. This percentage is defined by the scale, a copy of which may be obtained from the customer service department. Graphicarte expressly reserves the right to modify this scale freely and without notification. The new scale will be automatically applicable to any delivery made after its modification.

17.2. Graphicarte reserves the right to modify, at any time and for any reason, the amount of the commissions granted. In this regard, all persons registered on the Graphicarte undertake expressly to keep themselves informed of the exact amount of the commissions to which they have a right, via "the commissions service" made available on the Graphicarte site.

17.3. Any action in court related to the payment of commissions shall lapse, by right, six months after the date of its payability. In the event of a dispute, the burden of proof of the conditions required to benefit from a commission shall be borne exclusively by the person who avails himself/herself of the disputed commission.

17.4. All persons registered with the Graphicarte site shall act freely and under their own authority, to the express exclusion of that of Graphicarte. Consequently, persons registered on the Graphicarte site may not under any circumstances claim to be connected with it by an employment contract, or by an agency or concession contract.

Article 18 : Suspension and interruption of access to the site
18.1. Graphicarte declines all liability in the event of suspension or interruption of access to its site, for any reason whatsoever.

18.2. Graphicarte reserves the right to suspend or interrupt access to its site, without having to inform the persons who are registered with it in advance, for any reason, and in particular, when it has doubts as to the compliance with their contractual obligations of the persons registered with its site. Graphicarte reserves the right to demand compensation in court for all the harm resulting for it from this breach.

Article 19 : Customer service department
19.1. Graphicarte makes available to every person registered on its site “the customer service department”, a service making it possible to obtain all additional information solely concerning the services offered by Graphicarte, either using the "Help" or "FAQ" tabs provided on the site, or via the "Client space" accessible using the login and password allocated at the time of registration.

19.2. Graphicarte may not be held liable for inconveniences connected with the non-availability of the customer service, with delayed and/or incomplete communication of information.

Article 20 : Jurisdiction and applicable law.
The courts with jurisdiction over the registered headquarters of Graphicarte alone have the competence to judge any difference which might arise directly or indirectly on the occasion either of the execution or the non-execution of one or more clauses of the present conditions of use or of their interpretation. Any difference relating to the execution, the interpretation of the contractual relations between the person who uses the present site and Graphicarte is subject to Belgian law.