Terms of use

General Terms and Conditions of Sale and Payment

PRELIMINARY NOTE

Signing a purchase order implies acceptance of our general terms and conditions of sale and payment. These general terms and conditions apply notwithstanding any purchase terms of the customer, except with the formal and express agreement of Chirripo.

ARTICLE 1 - ORDERS

  • Every customer order is subject to a prior quote. Work of any nature is only carried out after the customer's approval. A purchase order or a quote signed by the customer serves as an order. The quote is valid for ONE (1) month from the date it is issued.
  • Should the customer decide to modify, cancel or interrupt a service that has been the subject of a quote / purchase order approved by the customer, Chirripo will inform them of the financial and other consequences resulting from this change, so that the customer can make their decision with full knowledge of the facts. Any costs already incurred as part of the service will in any case be re-invoiced to the customer. Chirripo may under no circumstances incur any liability for cancellations or changes decided by the customer after approval of the quote.
  • The customer undertakes to check, proofread and request corrections to the work before final approval and signature of the proof. Therefore, the customer may under no circumstances hold Chirripo liable after approval of the project for the products or services ordered.

ARTICLE 2 - RETENTION OF TITLE CLAUSES

Chirripo remains the sole owner of the goods sold until the full and effective payment agreed in the signed contract. In the event of non-payment by the customer of any instalment, Chirripo may, without losing any of its rights, demand the return of the goods in full at the customer's expense and risk.

ARTICLE 3 - PRICE

  • The sale price is always expressed in euros excluding taxes, with VAT in addition. All existing taxes and all new taxes remain the responsibility of the customer.
  • Chirripo reserves the right to modify the terms of the quote approved by the customer in the event of a variation of more than 5 points, in particular in raw materials such as the price of paper, the cost of transport or distribution, this list of charges not being exhaustive. Proof of this increase will be provided to the customer on first request.

ARTICLE 4 - INVOICING

Invoicing relating to any service provided by Chirripo is issued after the customer receives their order.

ARTICLE 5 - PAYMENT TERMS

  • Failure to pay an instalment by the date shown on the invoice or quote renders all subsequent instalments immediately due. Performance of the service may be suspended.
  • In the event of non-payment by the due date, the customer will be liable for late-payment interest equal to one and a half times the legal interest rate in force on the total amount outstanding beyond the agreed deadlines.

ARTICLE 6 - LATE PAYMENT

  • The payment dates are indicated on the purchase order. For any first order, a deposit of 30% will be requested from the customer, with the balance due on delivery or according to the terms mentioned on the purchase order/quote.
  • In the event of a modification giving rise to the issuance of a new invoice, this modification will not change the initial payment due date. In the event of payment by bill of exchange, it must be returned accepted and domiciled to Chirripo, together with bank details, within a maximum of eight days after signature of the purchase order.
  • Any element that could lead to a risk of non-payment of invoices, such as a change in the legal or financial situation of the advertiser or customer, non-return of bills within the scheduled deadlines, incident or late payment, justifies Chirripo modifying, at least temporarily, the customer's payment terms. In this case, Chirripo may request guarantees, suspend or cancel current orders, or require payment before performing the service.

ARTICLE 7 - CONFIDENTIALITY

Chirripo undertakes to keep the documents provided by its customers confidential.

ARTICLE 8 - INTELLECTUAL PROPERTY

Chirripo remains the sole owner of the copyrights resulting from its services and work. The use of its creations and services is carried out in accordance with the provisions of the order and the legal provisions in force at the time the contract is signed. Where Chirripo offers its customer several creative options, the options not selected remain the exclusive property of Chirripo. Any use of the work and creations not provided for in the contract will require authorisation and remuneration to be agreed.

ARTICLE 9 - CUSTOMER'S RESPONSIBILITY

The customer will make available to Chirripo, on a confidential basis, all the elements necessary to carry out its mission. The customer guarantees all consequences arising from the information provided by them about their products or services. The customer is responsible for the information they pass on to Chirripo (the name, composition, qualities and performance of the product or service). The customer is also responsible for compliance with legislation; therefore, Chirripo may under no circumstances be held responsible for the data of the projects it has submitted to the customer.

ARTICLE 10 - TECHNICAL RESPONSIBILITIES

The customer alone is in control of the choice and technique used to carry out the project and its suitability for their needs. It is the customer's responsibility to request all necessary information on the technical characteristics of the requested project. The customer acknowledges ordering the project or product with full knowledge of the facts; therefore, Chirripo assumes no responsibility.

ARTICLE 11 - CHIRRIPO'S RESPONSIBILITY

Chirripo is required to fulfil its duty to advise. Chirripo ensures compliance with distribution and publishing regulations in the context of the campaigns and media it designs, produces and distributes on behalf of the customer. Chirripo cannot be held responsible for any decision taken by the customer or mandated by them.

ARTICLE 12 - ACCEPTANCE

  • A delivery note must be signed on receipt of the ordered products. Complaints about apparent defects or the non-conformity of the ordered and delivered product must be made by registered letter with acknowledgement of receipt within 48 hours of the arrival of the products. After this period, the customer will be deemed to have definitively accepted their order.
  • Any delay in providing documents necessary for fulfilling the order relieves Chirripo of all responsibility regarding the agreed delivery times.

ARTICLE 13 - RETURNS

Any defective goods may only be returned to Chirripo after prior agreement on its part, subject to the validity of the customer's complaints. The costs and risks incurred following a return of goods are always borne by the buyer.

ARTICLE 14 - TRANSPORT OF GOODS

Chirripo is able to offer transport services. If these are borne by Chirripo, Chirripo will act as guarantor of the transport until the goods are fully delivered.

ARTICLE 15 - PENALTY CLAUSE

If the customer's default makes it necessary to refer the file to our litigation department, the customer undertakes to pay, in addition to the principal, costs, expenses and fees ordinarily and legally borne by them, an indemnity set at 15% of the principal amount of the debt including VAT, as a penalty clause.

ARTICLE 16 - FORCE MAJEURE

In the event of an event having the characteristics of force majeure, including strike or natural disaster, making the partial or total performance of the service impossible, Chirripo's liability cannot be sought.

ARTICLE 17 - JURISDICTION CLAUSE

By express agreement between the parties, it is stipulated that in the event of a dispute arising from the interpretation or performance of these general terms and conditions of sale, even in the event of multiple defendants or third-party proceedings, the Commercial Court of Montpellier remains solely competent (art. 48 of the French Code of Civil Procedure).

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