The present General Conditions of Sale (hereinafter “CGV”) govern, in everything that is not contradicted by particular conditions agreed between the Parties, the relationship established between Accional – Publicidade e Comunicação Visual, Lda. (hereinafter “ACTIONAL”) and its clients (hereinafter the “CUSTOMER”).
In the context of these Terms and Conditions, the following terms have the definition given here:
– “Force Majeure”: Means a natural fact or unpredictable and/or irresistible and/or unavoidable situation, the effects of which occur independently of the will or personal circumstances of the affected Party, which the latter could not have avoided with normal and diligent vigilance. and prevention, such as acts of war, hostilities, riots, terrorism, radioactive or chemical contamination, cataclysm, earthquakes, fire, floods, general or sectoral strikes, prolonged fuel or electricity failures, serious disruptions to transport or communications , interruptions in the supply of raw materials;
– “Party”: means the SHAREHOLDER or the CLIENT;
– “Parties”: jointly means the SHAREHOLDER and the CLIENT;
– “Work”: means any work commissioned by the CLIENT and carried out by ACCIONAL, within the scope of its activity, namely, services in the areas of advertising and graphic arts, namely through the insertion of advertising in media, panels, signs, tarpaulins and advertising gifts, serigraphy, pad printing and embroidery, as well as editing newspapers and magazines, setting up exhibitions and organizing congresses, commercial and industrial representations and imports and exports. Digital advertising, internet advertising, creation of websites, management of pages on social networks, creation of newsletters, development of computer applications for mobile devices, web development, design and multimedia.
3.1. Budgets are valid, for award purposes, for a period of 30 days from the date of issue, being subject to revision after that period.
3.2 ACCIONAL reserves the right, during the validity of the Budget, if there is any lapse or calculation error, to proceed with its rectification.
3.3 Any services and/or expenses not specified in the quote, or changes intended by the CLIENT to the initial order, will be charged additionally.
4.1 The award of the budget must be communicated in writing to ACCIONAL’s commercial area, via email email@example.com.
4.2 The sending of any elements necessary for the execution of the awarded works is considered as awarding the Work to ACCIONAL.
4.3 ACCIONAL’s acceptance of the order is conditional on ACCIONAL verifying that the CUSTOMER’s situation is duly regularized, that is, that the CUSTOMER is not in arrears with regard to any payments or has his credit limit exceeded.
4.4 By submitting an order – previously quoted or not – to ACCIONAL, the CUSTOMER is deemed to expressly accept these Terms and Conditions, without restrictions.
The cancellation of orders obliges the CUSTOMER to indemnify ACCIONAL for production costs incurred to date, as well as for any obligations assumed, namely with suppliers of materials or raw materials.
6.1 The compositions, drawings, color selections, photolithographs, plates, clichés, cuttings and other materials (the “Production Materials”), made or acquired by ACCIONAL to be used in the execution of the Work ordered, are the property of ACCIONAL, without prejudice to the CUSTOMER, if he wishes, to acquire such Production Materials, these being invoiced separately.
6.2 Except in cases of intent or serious negligence, ACCIONAL will not be responsible for the integrity of any materials or equipment provided by the CLIENT for the execution of any work.
6.3 ACCIONAL is exclusively responsible for the materials it supplies and the services it provides.
6.4 Without prejudice to the provisions of number 6.2, ACCIONAL may refuse to carry out any Work using materials and equipment not supplied by it.
6.5 ACCIONAL will only keep the materials sent by the CLIENT for the execution of the Work ordered until the completion of the Work and its communication to the CLIENT. If the CUSTOMER does not collect the work by the 5th day after the completion of the Work has been communicated to the CUSTOMER, the CLIENT may request compensation for the custody and conservation of said materials at its facilities, not being responsible for any loss, damage or misplacement of said materials. materials.
7.1 The digital files sent by the CUSTOMER for the execution of any Work should preferably have the .CDR file format (Coreldraw up to version X8), PDF Standard X/3, EPS, PSD (Photoshop) or TIFF with adequate resolution for the print size intended.
7.2 ACCIONAL cannot be responsible for errors or omissions resulting from the execution of the work using other types of files.
7.3 It is the CLIENT’s sole responsibility to archive a copy of the files sent by him.
8.1 The CUSTOMER will be sent a model in digital format for review of the Work to be performed.
8.2 The CUSTOMER is responsible for the detailed verification of the design and text on the model. Any costs resulting from errors or lapses in the final work as a result of not checking the model in detail will be borne by the CLIENT.
8.3 The CUSTOMER recognizes and accepts that the colors of the model are approximate colors to the colors of the Work after its final execution.
8.4 The CUSTOMER has the right to request proofs/tests, namely color proofs, of the Work. ACCIONAL reserves the right to invoice the CUSTOMER with the costs incurred with such tests/tests.
9.1 The agreed deadlines for the execution of the ordered Work begin to run on the working day following the delivery of all the elements, instructions and materials that the CLIENT has committed to deliver, except i) if such materials suffer from the necessary quality for the execution of the Work and ii ) the occurrence of cases of Force Majeure. In said cases, the period begins to run only when the materials with the required quality are delivered by the CUSTOMER or when the Force Majeure situation ceases, as the case may be.
9.2 The deadline for delivering the Works is three working days (minimum deadline). In the event of a shorter period request by the CLIENT, ACCIONAL reserves the right to apply an urgency fee which consists of a 20% increase in the price of the Work.
10.1 Unless other conditions have been stipulated, the proposed price provides for the delivery of the Work at ACCIONAL’s premises.
10.2 If the place indicated for delivering the Work is at ACCIONAL’s premises, and if the Work is not picked up within five working days from the date of communication to the CLIENT for this purpose, ACCIONAL reserves the right to proceed issuing the respective invoice, as well as debiting the charges resulting from the storage of the Work.
10.3 ACCIONAL is not responsible for any loss or damage to the Work, if the CLIENT does not collect it within the maximum period referred to in the previous number, or in another that is agreed between the Parties.
11.1 The price applicable to the Work appears in the quote and/or invoice(s).
11.2 The price of the Work may be changed due to fluctuations in the cost of raw materials, as well as situations of Force Majeure, up to the date of delivery, and in any of these situations, the CLIENT will be informed in advance. The prices contained in the Price Lists may be changed without prior notice. Prices are subject to VAT at the legal rate in force.
12.1 Defects, for the purposes of ACCIONAL’s responsibility, do not constitute defects that are usually tolerated in this sector of the industry in identical or similar products, namely:
a) Differences of up to 5% in relation to the quantity ordered (less quantities being deducted from the price).
b) Differences of up to 8% in the micrometric thickness of paper or cardboard;
c) Differences of up to 5% in the metric weight of paper or cardboard;
d) Slight differences in ink, purity, smoothness, satin, thickness, gluing, etc.
13.1 If contracted by the CLIENT for this purpose, ACCIONAL undertakes to post advertising material on advertising media (billboards, billboards, flags, etc.) in the places and for the periods indicated in the particular conditions agreed with the CLIENT.
13.2 The advertising material may be provided by the CLIENT or correspond to a Work carried out by ACCIONAL. ACCIONAL may refuse to display advertising material with material provided by the CLIENT that ACCIONAL deems does not present the conditions and quality necessary for the performance of the contracted services.
13.3 ACCIONAL will not be responsible for the quality of the materials provided by the CLIENT for posting advertising. Any wear or damage to those materials will be borne by the CUSTOMER. ACCIONAL is exclusively responsible for the services it provides and the Works it performs.
13.4 ACCIONAL is responsible for the maintenance and conservation of the advertising media used for posting advertising.
13.5 ACCIONAL reserves the right to refuse the posting of advertising of a political, ideological, religious, controversial nature or contrary to public order, good customs or the law.
13.6 ACCIONAL cannot be held responsible for any decisions by public entities, namely city council decisions, with an impact on any advertising.
13.7 At the end of the period established with the CUSTOMER for the advertising posting, the CUSTOMER will have a period of 10 working days to request the return of any advertising material used in the posting (posters, tarps, etc.). If the CUSTOMER does not say anything within the said period, ACCIONAL may legitimately dispose of such materials for recycling or other non-commercial purposes.
13.8 ACCIONAL cannot be held liable for damages caused by vandalism or theft of advertising material posted on its advertising media.
14.1 Deadlines and other payment conditions are included in the budget sent. In the event that the order has not been previously quoted by decision of the CUSTOMER, the payment conditions will be as follows: Prompt payment at the time of order.
14.2 Invoices must be paid by check or bank transfer payable to ACCIONAL.
14.3 Failure to make timely payment determines the maturity of default interest at the legal rate in force for commercial operations.
14.4 If the agreed payment conditions are not complied with, ACCIONAL may temporarily or permanently interrupt the work and supplies being carried out for the CLIENT, informing the CLIENT of this fact.
14.5 In the event that non-payment gives rise to a judicial or pre-judicial dispute, the CLIENT will be responsible for paying the amount of the invoice in question, default interest at the legal rate in force for commercial operations, any legal expenses and lawyer fees .
ACCIONAL reserves ownership of the Work until full and effective payment by the CLIENT of the price and amounts invoiced.
16.1 ACCIONAL guarantees to the CLIENT that the Work delivered complies with the specifications agreed between the Parties and is able to be used for the purpose that the CLIENT indicated to ACCIONAL.
16.2 Upon receipt of the Work, the CUSTOMER must verify its compliance with the order, also taking into account the provisions of Clause 12.
16.3 Any apparent defects – that is, defects that the CUSTOMER could, with a simple check, detect at the time of delivery of the Work – cannot be subsequently claimed by the CUSTOMER.
16.4 Claims for any non-apparent defects in the Work performed must be communicated in writing by the CLIENT within 30 days after delivery of the Work.
16.5 The following are not considered defects in the works attributable to ACCIONAL:
a) the wear and tear of the material or object in which the Work is found as a result of its normal use;
b) the wear and tear resulting from adverse weather conditions to which the Work is subject (namely, but not limited to, Work exposed on advertising supports placed next to the seafront.)
c) damage resulting from Force Majeure situations;
d) defects arising from the poor quality of the materials delivered by the CLIENT to perform the awarded Work;
e) acts attributable to the action or omission of third parties, except subcontractors of ACCIONAL.
16.6 ACCIONAL’s liability will be limited to correcting defects in the Work or, if this is not possible, the equitable reduction or refund of the price paid for the defective Work. In no event will ACCIONAL be liable for more than the price of the Work or services rendered.
17.1 All Texts, Photos, Illustrations, Audio, Images, Design Creations and other Elements contained in ACCIONAL’s Work are protected by law, under the Code of Copyright and Related Rights.
17.2 The Copyright on the Work will only be owned by the CLIENT when they are completely finalized, definitively approved and the respective price has been fully paid.
17.3 ACCIONAL reserves the right to take legal action against the authors of any copy, reproduction, dissemination or unauthorized commercial exploitation of Texts, Photos, Illustrations, Audio, Images, Design Creations and other Elements contained in its Work and that have not been subject to transfer of ownership to the Customer.
17.4 The CUSTOMER is responsible for ensuring that the materials provided by the CUSTOMER for the execution of the Work (images, texts, etc.) do not infringe any Copyright or Industrial Property Rights of third parties. The CLIENT is responsible for any damages caused to ACCIONAL by the improper use of any material that infringes the intellectual property of third parties.
17.5 ACCIONAL reserves the right not to share editable files, fonts or other tools and software necessary for the execution of the Work with the CLIENT.
17.6 ACCIONAL reserves the right of non-obligation to archive files, proofs and mockups relating to the Work after delivery of the Work to the CLIENT.
For disputes arising from the contractual relationship between ACCIONAL and the CLIENT, the court of Ponta Delgada is agreed.
19.1 These Terms and Conditions are available for consultation in the form of a link in the email sent to the CLIENT with the quote and made available on the ACCIONAL website.
19.2 The CGV apply in full to everything that is not regulated in the particular conditions with the CUSTOMER.