Terms and conditions of sale

These general terms and conditions are valid for all our offers, works, agreements and deliveries.

GENERAL PROVISIONS

Article 1

The fact of handing over to KOTO GLOBAL TRADE BVBA the production elements (raw materials, model, copy,...) with the request to provide a proof or a project, constitutes a commitment towards KOTO GLOBAL TRADE BVBA to entrust it with the execution of the work or to compensate it for the expenses incurred.

Article 2

The offers of KOTO GLOBAL TRADE BVBA are without engagement and subject to sale or sufficient stock.

In particular, KOTO GLOBAL TRADE BVBA reserves the right to revise the offer prices in the event of an increase in the price of raw materials.

The offers are always established without taxes, these remaining always with load of the customer.

The validity period of an offer is one month and the offer price is only valid for the work mentioned in the offer.

Article 3

In the case of a global quotation, there is no obligation to provide a part of the work against payment of the corresponding part of the total price.

Article 4

Each person or company who places an order and asks to invoice a third party, remains jointly and severally liable for its payment, even if KOTO GLOBAL TRADE SPRL has accepted this type of invoicing and even if the third party has co-signed the order form.

REPRODUCTION RIGHTS AND MENTION OF THE NAME
OF THE SPRL KOTO GLOBAL TRADE

Article 5

Except in the case of characterized bad faith, KOTO GLOBAL TRADE BVBA is never liable for infringements of reproduction rights held by third parties that have not been expressly brought to its attention by the customer.

Article 6

If required by law, the customer may not object to the mention of the name of KOTO GLOBAL TRADE BVBA on the goods.

DELIVERY TIME

Article 7

If the customer fails to provide the necessary elements for the print job, to return the corrected proofs or to provide any other element requested by KOTO GLOBAL TRADE bvba and necessary for the execution of the agreed work, the agreed delivery time will be extended, at least, by the corresponding period of delay.

In the event of force majeure, and more generally, in all circumstances which interrupt, suspend or delay the execution of the work by KOTO GLOBAL TRADE BVBA, or which cause an excessive worsening of the commitments undertaken by the latter, KOTO GLOBAL TRADE BVBA is relieved of all responsibility and may reduce the commitments, break the agreement or cancel the execution thereof, without it being required to pay any compensation. Such circumstances include war, civil war, mobilisation, unrest, strike, lock-out, both on the part of KOTO GLOBAL TRADE BVBA and its co-suppliers, machinery breakdown, fire, interruption of means of transport, difficulties in the supply of raw materials, materials and energy, as well as restrictions or prohibition provisions imposed by the authorities.

CLAIMS AND LIABILITY

Article 8

Under penalty of forfeiture of his rights, the customer must send any complaint or dispute to KOTO GLOBAL TRADE BVBA by registered mail within eight days of the first delivery of the goods. If the customer does not take delivery of the goods, the eight-day period starts to run from the date of the invitation to take delivery of the goods.

In the absence of a complaint within these eight days, the customer is considered to have accepted all goods.

The use by the customer of a part of the delivered goods implies the acceptance of the whole print run.

SPRL KOTO GLOBAL TRADE cannot be held responsible for indirect damages caused to the customer, such as loss of profit.

Article 9

The liability of KOTO GLOBAL TRADE BVBA is limited to the return and reimbursement of non-conforming copies.

PLACE OF DELIVERY - TRANSPORT

Article 10

The delivery and the transfer of risk takes place in the company of SPRL KOTO GLOBAL TRADE. Unless expressly agreed otherwise, the transport is at the customer's expense. The customer is in any case solely responsible for the risks that the goods run during transport.

MATERIALS PROVIDED BY THE CLIENT

Article 11

All materials entrusted by the customer which are in the company of KOTO GLOBAL TRADE BVBA remain there on behalf of and at the risk of the customer, who expressly discharges KOTO GLOBAL TRADE BVBA from any liability for damage or loss for any reason whatsoever, except in the case of fraud or gross negligence on the part of KOTO GLOBAL TRADE BVBA or those for whom it is responsible. The same applies to the goods intended for the customer.

PAYMENTS

Article 12

When ordering, a deposit of 40% of the amount may be required.

The balance must be paid in cash at the time of collection or delivery. Under no circumstances can the goods be collected, in whole or in part, if payment has not been made in full.

Payment by check is not accepted.

Each unpaid invoice will automatically and without notice bear interest equal to the legal interest rate, increased by 2% from the date of issue of the invoice.

In the event that the principal invoice and interest are not paid within 15 days of the sending of a registered letter, the debt will be increased by an additional indemnity, conventionally set at 10% of the amount due, with a fixed minimum of 75 €.

Article 13

In case of cancellation or suspension of the order for a period of more than 3 months, the customer will be liable, in addition to the services already performed, for an indemnity of 75% on the balance of the order.

Article 14

The customer will only become the owner of the goods sold after full payment of the amounts due, without prejudice to Article 11 of these general conditions.

Article 15

All amounts paid by the customer to SPRL KOTO GLOBAL TRADE may be offset against amounts still owed by the customer for any reason whatsoever.

LITIGATION

Article 16

In the event of a dispute, and unless otherwise provided by mandatory law, only the courts of Brussels shall have jurisdiction.