GENERAL TERMS AND CONDITIONS OF SALE

B2B Marketplace – xmerch.eu

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ARTICLE 1 – PURPOSE AND SCOPE

These General Terms and Conditions of Sale (the “Terms and Conditions”) govern sales made through the e-commerce platform available at:

xmerch.eu

The platform is operated by:

MAKAGENCY – SASU with share capital of €10,000
RCS Bobigny 844 759 803
Registered office: 7 place de l’Hôtel de Ville, 93600 Aulnay-sous-Bois, France
(hereinafter referred to as the “Seller”)

The commercial brand operated by the Seller is Makimpact.

Sales are concluded between:

• On the one hand, any professional entity placing an order through the platform, hereinafter referred to as the “Customer”;

• On the other hand, the Seller.

Any order placed through the platform constitutes full and unconditional acceptance of these Terms and Conditions.

These Terms and Conditions may be amended at any time. The applicable terms are those in force at the time the order is validated.

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ARTICLE 2 – NATURE OF SALES

The xmerch.eu platform is exclusively reserved for professional customers.

The products offered may include:

• Merchandising items

• Customized promotional products

• High-tech accessories

• Customizable products

• Marketing materials

No sales to private consumers are permitted.

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ARTICLE 3 – ORDERS

3.1 Orders may be placed exclusively through the xmerch.eu platform or by written acceptance of a quotation (email acceptance being sufficient).

3.2 Any validated order constitutes a firm and definitive commitment.

3.3 Customized or made-to-order products may not be cancelled after approval of the artwork proof or once production has started.

3.4 The Seller reserves the right to refuse or cancel any order for legitimate reasons, including non-payment, incorrect information, suspected fraud, or any other valid reason.

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ARTICLE 4 – PRICES

4.1 Prices are stated in euros excluding taxes (VAT).
Applicable VAT will be added in accordance with the regulations in force.

4.2 The applicable prices are those displayed at the time the order is validated.

4.3 Delivery costs will be specified before the final validation of the order.

4.4 The products remain the property of the Seller until full payment has been received.

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ARTICLE 5 – CUSTOMIZATION AND ARTWORK PROOF APPROVAL

5.1 Any order involving customization requires prior approval of an artwork proof (the “Proof”).

5.2 Approval of the Proof constitutes the Customer’s definitive acceptance of the following elements:

• Artwork

• Logos

• Spelling

• Colors

• Dimensions

• Positioning

No changes may be accepted after approval of the Proof.

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ARTICLE 6 – DELIVERY

6.1 Delivery times are stated on the product page or in the quotation. Such delivery times are indicative only.

6.2 Delivery will be made to the address provided by the Customer.

6.3 The Seller shall not be held liable for delays attributable to:

• Carriers

• Suppliers

• Customs authorities

• Force majeure events

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ARTICLE 7 – CLAIMS

7.1 The Customer must inspect the goods upon delivery.

7.2 Any claim must be submitted within 3 business days following delivery.

7.3 Customized products may not be returned or exchanged, except in the event of a proven manufacturing defect.

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ARTICLE 8 – NO RIGHT OF WITHDRAWAL

Sales made through xmerch.eu are exclusively concluded between professional entities.

In accordance with the applicable provisions, the statutory right of withdrawal does not apply.

No return will be accepted without the Seller’s prior written authorization.

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ARTICLE 9 – PAYMENT

9.1 The applicable payment terms are those displayed when placing the order.

9.2 An order will only be considered final once payment has been validated in accordance with the selected payment method.

9.3 In the event of late payment, penalties may be applied in accordance with applicable regulations.

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ARTICLE 10 – INTELLECTUAL PROPERTY

All elements available on the platform, including texts, images, visuals, graphic designs, mock-ups, renderings, and other materials, are protected by intellectual property laws.

Any reproduction, in whole or in part, is strictly prohibited without the Seller’s prior written authorization.

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ARTICLE 11 – LIABILITY

The Seller shall not be held liable for:

• Improper use of the products

• Use that does not comply with the intended purpose or instructions

• Modifications made by a third party

• Any indirect damages resulting from the use of the products

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ARTICLE 12 – CUSTOMER SERVICE

Any request, question, or complaint may be addressed to:

Email: contact@makimpact.fr

Or via the contact form available on the platform.