These general terms and conditions of sale (‘GTCS’) are intended to define the contractual relationship between the company ATELIERS AGIS (under its commercial brand name les ATELIERS DU SAC and its website www.lesateliersdusac.com) and its customers and supersede any clause to the contrary formulated in any way whatsoever by the customers, except with the written agreement of the company ATELIERS AGIS. Consequently, the fact of placing an order implies the customer’s full and unreserved acceptance of the said general conditions of sale, which the customer acknowledges having read in advance, to the exclusion of any other documents issued by the parties, which only have an indicative value. ATELIER AGIS reserves the right to modify its terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve its operating procedures.
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Article 1: Products

Customers can order bags according to their needs:

  • The Haute Couture range: a made-to-measure bag created according to precise specifications, with a quotation and digital proof of print sent to the customer for approval.
  • The Premium Plus range: customisable bags in stock, several sizes available and online ordering in boxes of 50.
  • The Premium range: bags in stock, unmarked, several sizes available and orders by internet in boxes of 50.

Technical elements and tolerance

The technical elements of the products sold are indicative only and may be modified at any time without notice without affecting the main use of the product.

Variations in print quality and slight deviations from the requested colours may also occur depending on the printing method, the nature of the substrates to be printed and the surface treatment. The level of quality demanded by the customer cannot be higher than that of industrial quality, defined by the criteria for use of the products under normal conditions and in accordance with the intended use. Despite the care taken in quality control, the customer accepts that there may be minor defects on the entire print run, invisible to the untrained user, such as chips, slight variations in colour, intensity or cutting. Also, variations in size of + or – 0.5mm will not constitute a defect.

If it is impossible to perform the contract due to the unavailability of a raw material or the interruption of an industrial process, the parties undertake to consider the possibility of respectively supplying and purchasing a replacement product.

Article 2 : Orders

Orders are considered final as soon as they are sent to ATELIERS AGIS and constitute acceptance of the prices and these conditions. Any modification or cancellation of an order requested by the customer, for the Haute Couture range, can only be taken into consideration if it is received in writing within 8 days of the signature of the quotation. After this period, the products will be invoiced to the customer.
For the Haut de Couture range, a digital print proof (‘BAT’) will be sent free of charge on simple request by the customer or on the decision of ATELIERS AGIS, with all the necessary graphic elements of sufficient quality being sent prior to the manufacture of the products. The proof will have to be signed or validated by e-mail and will be the responsibility of the customer.

Article 3 : Price

Prices are exclusive of tax, in euros, and ‘ex works’ for all orders. They are guaranteed for 1 month from the order date. In the event that a delivery requires a lead time of more than 1 month, ATELIERS AGIS reserves the right to grant an additional price guarantee. Outside this period, the supplier may modify its prices according to the additional costs linked to raw materials or transport.
Furthermore, the quantities delivered are deemed acceptable by the customer, with a tolerance of + or – 10% on the quantities ordered, with the corresponding price adjustment, this percentage may be higher for certain products.

Article 4: Terms of payment

Products are invoiced without discount, payable within 30 days of the date of issue of the invoice, by bank transfer, credit card, cheque or any other means of payment defined at the time of ordering. ATELIERS AGIS will apply deposits to all orders for the Haute Couture range.
In the event of late payment, the late payment interest rate will be that applied by the ECB to its most recent refinancing operation plus 10 points. Any delay in payment shall also give rise to the payment of a fixed indemnity of 40 Euros for collection costs. Furthermore, ATELIERS AGIS reserves the right to apply a penalty of 10% on unpaid invoices in addition to the costs and interest. Any subsequent payment, whatever the cause, will be charged immediately and by priority to the extinction of the oldest of the debts.
In the event of non-payment by the customer of a single fraction of the price on the agreed due dates and eight days after formal notice has been given by registered letter without result, the sale will be terminated by operation of law at the discretion of ATELIERS AGIS and the goods will be returned to the customer in their original condition, without prejudice to the customer’s right to compensation.

Article 5: Transport – Delivery

The carrier is selected by ATELIERS AGIS or the customer, who will sign a delivery note and assume the cost of transport.
ATELIERS AGIS is authorised to make full or partial deliveries. However, the customer may under no circumstances take advantage of the fact that the balance of the products ordered is awaited in order to defer the corresponding payment.
Delivery times are given for information only (depending on stocks and transport times), vary according to the products required and are stipulated on the order form. Any delay in delivery by ATELIER AGIS may not give rise to damages, deductions or cancellation of orders in progress.

Article 6: Complaints

Any complaints, with supporting evidence, must be sent by registered post with acknowledgement of receipt to ATELIERS AGIS within 8 days of delivery at the latest when the goods have obvious defects during basic checks, and within one month in the event of a hidden defect that can only be detected by using the goods. Complaints are not admissible if they relate to the consequences of inappropriate storage of the goods after delivery.
Goods that are the subject of a complaint must be kept available for inspection by ATELIERS AGIS.
Complaints are only admissible if the fraction of the goods used does not exceed 10% of the quantity delivered. The use of a quantity greater than 10% of the delivery constitutes absolute acceptance of the latter. In the absence of prior written agreement from ATELIERS AGIS, any return or refund of goods will not be applicable.

Article 7: Retention of title and transfer of risk

All goods sold remain the exclusive property of ATELIERS AGIS until full payment of the price, even in the event of resale.
However, products delivered carriage paid or not, travel at the exclusive risk of the recipient, who may make any observations and reservations on the delivery note. The customer must consequently take all measures and, if necessary, take out all insurance policies to compensate for any destruction (partial or total) of the goods, whatever the cause.

Article 8 : Responsibilities

ATELIERS AGIS implements all the means necessary for the manufacture of the printed products, in accordance with the instructions of the customer, who must communicate all the information necessary for the execution of the order with a full description of the desired printing characteristics, as well as all the details relating to transport and logistics.
In this respect, for the Haute Couture range, ATELIERS AGIS may not be held liable in the event of an error in one of the product characteristics in the proof of delivery signed by the customer.
A maximum of 2% of the order will be accepted as defective by the customer. Beyond this, a defect in one part of the manufacture cannot justify total rejection or a delay in payment for the compliant part.
The supplier may not at any time be held liable in the event of deviations concerning technical elements, which may not constitute just grounds for the customer to reject the products or obtain any reduction in the price initially agreed.
The customer is solely responsible for any infringement of third party rights, in particular copyright, for any brand, logo, name, photo, design or model that he/she requests to be printed on the bags ordered. In this respect, he exonerates the company ATELIERS AGIS from any liability concerning the aforementioned rights and assumes full responsibility for the consequences likely to arise from proceedings instituted by a third party for the infringement of these rights.
Furthermore, even in the event of proven liability on the part of ATELIERS AGIS, the company is only liable for the value of the delivered products that are the subject of a complaint. Under no circumstances is it obliged to compensate the customer for any special, incidental or indirect damages, loss of profits or clientele, damage to its reputation, etc.

Article 9: Intellectual property

In accordance with the law relating to intellectual property, any work involving a creation (drawing, photo, print, film or cliché) produced by the company ATELIERS AGIS remains its exclusive property.
In this respect, ATELIERS AGIS may distinguish its products by printing or affixing its trademark or reference code to the products.
The Client expressly authorises ATELIERS AGIS to reproduce, exploit or use within the framework of the services all the graphic components communicated and which may appear on the products manufactured on its behalf. The Customer guarantees ATELIERS AGIS against all the consequences of any legal action that may be brought as a result of the execution of an order for products covered by industrial or intellectual property rights or by any other private right.
The customer authorises ATELIERS AGIS, unless prohibited in writing, to display the products manufactured on its behalf at any event, as well as on its advertising and commercial documents and on its website, whatever the medium.

Article 10: Information technology and civil liberties – Personal data

ATELIERS AGIS collects and processes personal information in compliance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended, and with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Article 11: Force Majeure

The parties may not be held liable if the non-execution or delay in the execution of one of their obligations results from a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1218 of the French Civil Code. The party prevented from performing must notify the other party as soon as possible and must do everything in its power to limit the duration and effects of the force majeure. Any suspension of performance will be strictly limited to the commitments whose performance has been prevented by the circumstances of Force Majeure.

Article 12: Jurisdiction

The parties shall endeavour to settle amicably any disputes relating to the interpretation and/or performance of these general terms and conditions of sale and contracts. Should they fail to do so, any dispute shall be subject to French law and only the courts of Rennes shall have jurisdiction, even in the event of a guarantee claim or multiple defendants.