Preamble

The company "SAS TPOP" (hereinafter "TPOP") is a company under French law, registered with the RCS of Nîmes under number 902 108 646.

TPOP is a print shop specialising in the Print on Demand sector. The company prints and dispatches orders on a white label basis on behalf of users of its web platform.

The purpose of these general terms and conditions of use of the web platform (hereinafter referred to as the "Application") is to determine the rules for the use of the "TPOP" platform (hereinafter referred to as the "Application"). They are concluded between, on the one hand, "TPOP" and, on the other hand, persons, natural or legal, wishing to use the TPOP application in order to make a purchase or market their product(s) created via the Application.

By accessing the Web Application, as a visitor and/or user, you unconditionally and unreservedly accept the entirety of the Application's T&Cs defined below.

If you do not wish to accept these T&C of the Application, we ask you not to access the Application: accessing the Application implies acceptance of these T&C.

Any visit to and/or use of the Application must be in accordance with these Application Terms and Conditions.

TPOP reserves the right to modify at any time all or part of the provisions of the TOU of the Application, in order to adapt them to developments in the Services, to technical, legal or jurisprudential developments or when new services are introduced. The GTC applicable are those in force at the date of Login and the use of the Application by the User.

TPOP therefore invites the User to refer, on a regular basis, to the latest version of the Application's GTC available in the Application and on the Site www.tpop.com.

I. Company information, legal notice

SAS TPOP - Lieu dit Plan Long, rue des Micocouliers, 30430 Barjac

COMPANY WITH A CAPITAL OF € 919,400

EMAIL support @ tpop.com

SIREN 902108646

PUBLICATION DIRECTOR Boulogne Julien

II. Access to the application

In order to take advantage of all the benefits of our print on demand platform, simply access it via the URL https://app.tpop.eu and create an account. The use of the Application and the use of the functions currently available on it are free.

You are solely responsible for the activity that occurs on your account, so please be sure to protect access to your account. You must notify us immediately of any breach of security or unauthorized use of your account. While TPOP is not responsible for your or your customer's losses caused by unauthorized use of your account, you may be liable for TPOP's or others' losses due to such unauthorized use.

You certify by using the application that you are legally authorized to use it, and assume full responsibility for its use.

TPOP may change, suspend or discontinue the services, products, fees, charges, terms and conditions at any time, including the availability of any featureor content without notice or liability.

Attention, from the first order made via our platform, you are considered as professional. You may be asked to justify your legal status in order to access it. In addition, the relationship maintained by TPOP with you is of a professional nature: it is therefore in no way governed by the Consumer Code. TPOP performs a service on your behalf: printing + shipping of products on your behalf. As soon as the parcel is shipped, you become the owner of the parcel and responsibility for its proper delivery lies with you.

We take care of the production and dispatch. Therefore, we can also refuse orders that do not meet our technical and organizational requirements. The same applies if we suspect that orders violates legal regulations or the rights of third parties.

III. Operation and payment of the application

A. Use of the application

As mentioned above, access to the application is free; use of the application is also free.

After accessing the application, you will need to set up your account and validate your payment method (credit card) so that future orders can be made. You will then be able to create and upload your visuals and create your products.

B. Payment and billing

After accessing the application, you will need to set up your account and validate your payment method (only credit cards are used as payment methods in the application) so that future orders orders can be made. You will then be able to create and upload your visuals and create your products.

By submitting your bank details to us, you agree to TPOP storing them on its server in an encrypted manner. We proceed with automatic invoicing and therefore debit the amount agreed upon in the application only when your order has gone into production. You will find the invoices corresponding to the services performed by TPOP for you in your management area of orders in the TPOP application, once they have been completed.

C. VAT

In the TPOP application, we invite you to enter your intra-community VAT number, if you have one, in the "Account details" section. Your VAT number will then be checked against the European Commission's VIES VAT number database. If the number is validated, your orders will be invoiced excluding VAT.

The management of VAT is subject to strict legal rules.

If you are located in a country outside the European Union, you will be invoiced excluding VAT. If your company is located in the European Union (outside of France) and you have an intra-community number, you will be invoiced excluding VAT.

If you are located in the EU, but do not have an intra-community number, you will be invoiced with 20% VAT.

If you are located in France, in all cases, you will be invoiced with 20% VAT (the legal amount in force in France): the intra-community VAT number does not apply.

Regardless of the country in which you deliver your products orders, your company's address is used for administrative services.

In summary, it is possible to obtain a VAT exemption if you have a company registered in the EU (outside France) and a valid VAT number or if your company is located outside the EU.

D. Customer support

You will be able to contact the support, or customer service, via the app. Like the application, access to customer service is free. We try to answer as soon as possible, but you should expect an average delay of 24 to 48 hours before a response. Please note that this delay is average and not contractual.

In addition, if we notice any disrespect or abusive language towards a team member from a user of our services, we reserve the right to delete the account, and without notice, of the user in question.

IV. Products

The product is the result of downloading a visual of your choice from our application. You will then choose to apply (activate) this visual to a medium in our catalogue. The product will be marketed via our platform and printed by us.

A. Stocks / availability of products

Most of the products displayed in the application are in stock in our workshop, which allows you to benefit from a very short shipping time (between 2 and 6 working days). However, some items are not in stock in our workshop, so you can expect a longer shipping time. Don't worry, we will try to inform you as soon as possible if an out-of-stock condition delays the shipping of an order. In addition, you will have the possibility, via your space in the Application, to opt for an automatic replacement by an equivalent product in order not to make your customer wait. If you have not opted for this automatic replacement, the order processing time will be uncertain and lengthened.

The products that we propose in the application are likely to be withdrawn from the sale, for various reasons (stop of the production on behalf of the supplier, out-of-stock condition of the supplier, choice of our company...) in which case we warn you by email in order to proceed to the withdrawal of those from your Internet site.

We propose to print only the products available in the application (and presented on our website).

As part of our Print on Demand business, we will only print products that we make available to you.

B. Product prices

Our prices are quoted and invoiced in Euros. Prices are subject to change at any time, but we will notify you in advance if a change is to be made.

Only the rates indicated in the application are authentic and are those that will be charged to you. These rates are displayed without VAT. Depending on your situation, VAT may be applied at the time of billing. The prices indicated concern the products marketed in the application, whether printed or not.

C. Product visuals

1. Responsibility

TPOP assumes no responsibility for copyrighted designs / visuals sent to us for printing.

By uploading or sending a visual, you validate that you are legally entitled to produce products with the visual in question.

Under no circumstances will TPOP be held responsible for any copyright disputes; the responsibility lies entirely with you.

If you have the right to print copyrighted images, please send us a copy of the permission by e-mail.

TPOP will systematically refuse the printing of visuals inciting hatred of others, abusive language and generally any language prohibited by law.

2. Quality of the visuals

Our application will give you an indication of the quality of your artwork: Artwork quality: poor; Artwork quality: average; or Artwork quality: good. If you choose to validate a visual of insufficient quality, we will not accept any complaints about the quality of the print. Furthermore, we never rework the artwork you upload to the application.

When you use our services, any product created by the application will be printed as presented on the final rendering (created by the application). We do not accept any complaint such as "my visual is too high" as you are responsible for its placement. Finally, we detail the technical constraints in ourhelp center and on our website.

We recommend that you read them carefully.

V. orders

First of all, you must have indicated your payment method, your billing address and the name of your shop (in the case of a "shop" order), in order to activate the service. Without this, it is impossible to place orders via our Application.

There are two types of orders : orders "boutiques" (this is an order placed on your online shop) and orders manuals (or orders samples).

A. Ordering process and production times

When an order reaches us, it has a pending status, the order is said to be "open" (or "in progress"). You will be able to make the following changes to it: cancellation and change of customer details, within a maximum of 24 hours.

When the order is ready to be printed, its status changes to "in production": this is when you will be invoiced and debited for the order.

TPOP cannot replace or refund incorrect orders if they were printed according to the details received at the time of ordering.

The management panel of orders of our platform is therefore the authentic one (and not the dashboard of your online store): if an order appears there after an order has been placed (from your online store or manually), it will be processed and then shipped. It is only possible to cancel an order if it is not yet in production.

If you want to cancel an order, you must act before this change of state.

Due to the bespoke nature of the products we sell, all cancellations must be made within 24 hours of the order being placed and therefore before production begins. After this time, your order will have gone into production and cannot be changed, cancelled or refunded under any circumstances.

The turnaround time for an order is 2 to 6 business days. A working day starts at 8am and ends at 5pm, Monday to Friday. Holidays are not included in the working days.

This time frame should not be considered as a guarantee of production times and should be considered as an average estimate. No compensation will be offered for orders that are not included in this estimate.

Similarly, in the event of force majeure (epidemic, national incident, natural disaster, transport strike, stock shortage beyond our control, etc.) we cannot guarantee a specific delivery time, and no compensation will be offered in this type of situation for which we cannot be held responsible.

B. Monitoring of orders

In order to track the status of your orders, you must visit the orders management space of the TPOP application (tracking your orders via your online shop or e-commerce platform is not sufficient). There you will find details of orders and the invoices corresponding to the services provided by TPOP on your behalf.

Only the products and orders in this panel are authentic.

C. The orders "shop"

We are talking about orders placed on your online store. When a customer places an order for a product on your e-commerce site, you are paid directly for the whole of it by the payment provider that you have defined on your store. From the creation of this order, you have 24 hours to make certain changes (cancellation, customer details). Please note that these changes must be made within the TPOP application (and not within your online store): we will only receive the information entered in the TPOP application. We will then place the order in production: this is when you will be invoiced for the amount defined for the product(s) and we will charge the amount of our service (printed product + shipping + branding options) to the payment method defined in the application. If the payment fails for any reason, your order will be put on hold and you will have to follow our procedure to release it. Your order will be printed when payment is possible and then shipped to your customer.

D. The orders manual and/or sample

A manual order is an order created in the application by yourself (for yourself, for a customer or to serve your communication). You will pay for this manual order at the "print on demand" rate (the rate will therefore include our service: printed product + shipping) and not at the rate you have defined on your merchant site. Please note that except in the case of an obvious error on our part (product error, garment size error, design error) or in the case of a defective textile, no refund or return will be made in the case of a sample order.

In short, in this case, consider yourself to be your own customer.

VI. DELIVERIES: TIMES, MEANS AND RATES

Delivery is made by the French Post Office (relayed by the local post offices in each country) or by an external carrier depending on requirements.

A. Delivery times

TPOP will deliver the order to the carrier between 2 and 6 working days from receipt of payment, except in cases of force majeure (estimated and non-contractual time).

The average delivery time is, from the day of dispatch, 2 to 7 days for delivery in France; 4 to 10 days for delivery to the European Union and other countries bordering France; 4 to 18 days for delivery to a country outside the European Union.

TPOP makes it clear that the times indicated are average times, estimated and not contractual.

B. Means of delivery

Delivery is made by the French Post Office or by another carrier depending on the requirements and the type of package (volume, destination, etc.). All orders will be sent with a tracking number which the user will have access to via the platform.

C. Liability and issues

TPOP cannot be held responsible for a delivery time not respected by the carrier, regardless of the reasons. There is no need to contact us before a period of 21 days after shipment of the order. In the event of force majeure such as flooding, fire, disturbances, pandemic, total or partial strike, in particular of the postal services and means of transport, TPOP cannot be held responsible for the non-execution of the order.

If an order is not delivered or is delayed due to a lack of address information (incorrect address, incorrect country, etc.), you are responsible for this and TPOP cannot be held responsible for delays or non-delivery.

The shipping address indicated on the packages is the user's own address, in order to strengthen the user's brand image. You will be asked to provide an accurate address. Any returns of parcels due to lack of address or access will automatically be made to the user (you). There is therefore a transfer of ownership of the package, as soon as it leaves our warehouses.

In addition, as specified above, the relationship that you have with TPOP is a professional relationship bound by these TOS: it is therefore not governed by the Consumer Code. On the other hand, the relationship between you and the customers of your online store is governed by the Consumer Code (in other words, you are the seller and you are responsible for delivery to your customer).

Finally, even if we have already specified that the responsibility for the delivery of the parcel lies with you, we would like to remind you that no compensation (refund or reshipment of an order) for non-delivery will be granted by TPOP. Only one case may possibly derogate from this rule: the recognition of the loss of the package by the carrier.

D. Delivery rates

The delivery rates charged by TPOP to the user are available on the platform and on the TPOP website at this address. These delivery rates vary according to the type of product shipped, the number of items contained in an order and the country of delivery. Atelier TPOP reserves the right to change its delivery rates at any time. These changes will, if necessary, be the subject of prior communication.

E. Customs fees

Packages shipped outside the European Union may be subject to customs fees depending on the destination country. These fees are calculated differently for each destination depending on the value and type of product. These charges are to be paid by the final customer, the recipient of the package. Under no circumstances will TPOP be responsible for these charges.

VII. RETURNS AND CLAIMS POLICY

A. Returns

TPOP is not able to accept returns from your customers for any reason (the only returns accepted are those under Article VI-C, packages returned by the carrier itself).

In fact, our custom products are made-to-order items, printed on demand. Due to the way our application works and our business model, there are an infinite number of designs that can be produced. As such, it would be impossible to sort, store and resell unwanted returns on behalf of all our users. If your customer simply does not like their order (size, pattern...) you are responsible for refunding them or accepting a return to your address. We insist on communicating your address on your site. You will be responsible for all replacement costs.

B. Disputes and claims

If there is a manufacturing error during printing (design error, sizing error by us...) or an item is damaged during shipping, we ask you to provide us with a picture of the damaged product in question, a description of the problem and the order number. If the photo is not significant enough, we will ask you to return the product. Once we receive this information from you, and after we have determined that there is a clear quality problem, we will reprint and send a new product to your customer at no additional charge. It is important to make it clear to your customers that if their package shows obvious signs of shipping damage, it is necessary to refuse delivery and notify you immediately. Please note that all complaints regarding product quality must be reported within 30 days of purchase in order to be eligible for a reprint.

In addition, some cases (visual problem, lack of addressing ...) may lead us to contact you to tell you the problem in question to find a solution. Without a response from you within 45 days, the order will be cancelled, and this, without refund from us.

In the event of a dispute in relation to an order, the applicable T&Cs are the General Terms and Conditions of Use in force at the time of the order.

VIII. LEGAL NOTICES

Sales on this site are governed by French law and you agree to submit any dispute to the jurisdiction of the French courts: failing amicable resolution, the dispute will be brought before the Commercial Court of Nîmes (France, 30).

Any dispute relating to the interpretation and execution of these general conditions is subject to French law.

All orders are subject to these terms and conditions and no changes will be accepted by us. These terms and conditions do not affect your statutory rights. These terms and conditions cover TPOP. All other websites to which you link from this site may be governed by their own terms and conditions.

We are not responsible for the content of websites that are not under our control.