Terms & Conditions of Sale

Subject Matter and Scope

These Terms and Conditions of Sale (hereinafter "T&Cs") govern all textile and industrial marking services on behalf of third parties provided by MARKAGENIE SAS (hereinafter "MARKAGENIE"), including in particular: embroidery, digital transfer (DTF / DTG), flat UV printing, fibre laser engraving and CO₂ laser cutting.

These T&Cs apply to all orders placed with MARKAGENIE, whether from a professional client (B2B) or a consumer. Placing an order implies full and unconditional acceptance of these T&Cs. Specific conditions may be agreed in writing; they take precedence over these T&Cs within their stated scope.

MARKAGENIE reserves the right to amend these T&Cs at any time. The applicable version is the one in force at the date of issue of the quote accepted by the client.

Quotes and Orders

All quotes are prepared free of charge by MARKAGENIE and sent to the client by email within 48 business hours of receipt of the complete request (quantities, technique, artwork). Unless otherwise stated, the quote is valid for 30 calendar days from its date of issue.

The order is deemed firm and final when both of the following conditions are met:

• Return of the signed Proof (BAT) by the client (see article 3);
• Payment of the deposit referred to in article 4.

The notation "approved", handwritten or sent by email, constitutes unconditional acceptance of the quote, these T&Cs and the corresponding proof. No modification may be taken into account after order confirmation without written agreement from MARKAGENIE and, where applicable, the issue of a new quote.

Files and Proof (BAT)

The client is responsible for providing usable files in the formats accepted by MARKAGENIE:

• Vector: Vector PDF, AI (Adobe Illustrator), EPS;
• Raster: PNG or TIFF at minimum 300 dpi at the intended print size.

MARKAGENIE sends the client a Proof (BAT) before commencing production. The client has 3 business days to approve it or request amendments. If no response is received within this period, the proof is deemed approved.

The first two revisions of the proof are included in the quote. Any further modification (from the 3^rd revision onwards) will be invoiced separately.

MARKAGENIE shall not be held liable for any errors (spelling, colour, positioning, content) present on a proof approved by the client. Signing the proof constitutes final acceptance of the artwork.

Pricing and Payment

Prices are expressed in euros excluding VAT (ex-VAT). The applicable VAT rate is 20%, giving the VAT-inclusive totals. Each quote constitutes a firm offer for the duration of its validity.

Payment terms are as follows:

• 30% deposit of the VAT-inclusive total upon order confirmation;
• Balance due on delivery, before dispatch or in-person handover.

In the event of late payment, late payment penalties shall apply automatically, without prior notice, at a rate equal to the European Central Bank (ECB) reference rate plus 10 percentage points, in accordance with Article L441-6 of the French Commercial Code.

A fixed recovery fee of €40 shall also be automatically owed by a professional debtor in the event of late payment (Decree No. 2012-1115 of 2 October 2012).

Production Lead Times

Production lead times are communicated to the client at the time of quoting on an indicative basis. They run from the approval of the proof and receipt of the deposit.

Lead times shall not be binding on MARKAGENIE in the event of:

• Force majeure (strike, breakdown, supply disruption, natural disaster, administrative decision);
• Delay in proof approval attributable to the client;
• Late or incomplete transmission of files or information required for the order.

Rush orders may be processed subject to production capacity availability, with a surcharge specified in the quote.

Delivery

Delivery is made to the address provided at the time of ordering. The client is responsible for the accuracy of this address. Any address error resulting in a return or loss of parcel shall be borne by the client.

Shipping costs are stated in the quote and remain the responsibility of the client unless otherwise stated. Shipping is carried out by a third-party carrier.

In accordance with Article L221-15 of the French Consumer Code, the transfer of risk occurs at the moment the goods are physically collected by the carrier. MARKAGENIE is not liable for any damage occurring during transit.

The delivery lead time is separate from the production lead time and is added to it. MARKAGENIE undertakes to provide the client with a tracking number upon dispatch.

Claims and Returns

Upon receipt of the parcel, the client must immediately inspect its contents and raise any reservations with the carrier in the event of apparent damage.

Any claim relating to a non-conformity (quantity, technique, visual quality) must be sent by email to contact@markagenie.fr within 48 business hours of receipt, accompanied by supporting photographs of the defect observed.

In the event of a confirmed non-conformity attributable to MARKAGENIE, MARKAGENIE shall, at its discretion, proceed with replacement of the non-conforming items or issue a credit note. No physical return of goods will be accepted without prior written agreement from MARKAGENIE.

Claims relating to errors present in a proof validated by the client cannot give rise to replacement or credit note, unless MARKAGENIE expressly agrees.

Intellectual Property

The client declares and warrants that they hold all intellectual property rights in the files, logos, visuals and graphic elements they submit to MARKAGENIE for the purposes of fulfilling the order. The client indemnifies MARKAGENIE against any third-party claim based on an infringement of a third party's intellectual property rights.

MARKAGENIE reserves the right to refuse any file whose legitimacy appears doubtful (counterfeiting, third-party rights not held, unlawful content), without such refusal giving rise to any liability on its part.

Original works created by MARKAGENIE (artwork, graphic adaptations, embroidery files) remain the exclusive property of MARKAGENIE unless expressly assigned in writing. A rights assignment may be negotiated and priced separately.

Liability

MARKAGENIE's liability is limited to the value of the order concerned. Under no circumstances shall MARKAGENIE be held liable for indirect damages such as loss of revenue, loss of clients, reputational harm or any other consequential non-material loss.

MARKAGENIE is relieved of all liability in the event of a defect, deterioration or incompatibility of the substrates (garments, objects, materials) provided by the client with the marking technique ordered. It is the client's responsibility to verify the suitability of their substrates before placing an order.

Likewise, MARKAGENIE shall not be held liable for results obtained on substrates provided by the client that have hidden defects, incompatible surface treatments or an unsuitable material composition.

Governing Law and Disputes

These T&Cs are governed by French law. In the event of a dispute, the parties undertake to seek an amicable resolution before initiating legal proceedings, within one month of notification of the dispute by registered letter with acknowledgement of receipt.

In the absence of an amicable resolution, any dispute relating to the interpretation, performance or termination of these T&Cs shall be submitted to the exclusive jurisdiction of the Commercial Court of Périgueux.

In accordance with the provisions of the French Consumer Code relating to consumer mediation, individual consumers may use free of charge the mediation service offered by: