TERMS & CONDITIONS - 2025

 

These General Terms and Conditions of Sales of BIC Graphic Europe, SA (hereafter also referred to as the “seller”, the “Company” or “BIC Graphic Europe”) govern sales of BIC products to any distributor (the “buyer”).
These Terms & Conditions shall prevail over any and all Buyer’s documentations, such as Buyer general terms and conditions, invoice, quote, purchase order etc.
No other terms will be considered as binding unless duly signed by BGE.
The prices applicable to the products and services marketed by BIC GRAPHIC EUROPE, are those published at all times on the company's website. Any price update, as well as prices lists for subsequent years, will be notified and/or published before they become effective. BIC GRAPHIC EUROPE may publish any price update or any update of this current Terms & Conditions on its website www.bicgraphic.com.
 

BIC Graphic Europe’s guarantee

 

All merchandise manufactured or sold by BIC Graphic Europe is guaranteed to be free from defects of material and workmanship and according to applicable regulations. Any merchandise found to be defective would be replaced or reimbursed by BIC Graphic Europe.
 

Ordering

 

By submitting a purchase order, the buyer agrees to these Terms & Conditions.
All orders are binding upon the seller only after their acceptance by BIC Graphic Europe. Moreover, even after their acceptance, BIC Graphic Europe reserves the right to reject any order that could, at its sole discretion, consider offensive, of bad taste and/or which goes against its principles reflected on his own business code of conduct. Approval of economic conditions will also be requested as the seller also reserves the right to reject any order in case of unpaid invoices. All orders are subject to credit approval.
 

Products changes

 

Occasional price modifications, the own Terms & Conditions, items and colours are subject to change without prior notice. Any item or item colour or imprint colour can be discontinued without notice and without right for compensation.
 

Shipment

 

BIC Graphic Europe 7/12-Working-Day-Shipment Service is available for all standard orders (for maximum quantity, number of imprints and standard packaging please refer to 2025 Catalogue or website). Shipment time begins after artwork approval. For lighters and electronic products, due to international transport regulations the shipments could take some additional working days. Changes will delay orders and must be authorised by BIC Graphic Europe. After production has been initiated, orders cannot be changed or cancelled. Incomplete orders will be put on hold or returned. This will delay ship dates. We reserve the right to supply and invoice 5% more or less products for all printed orders.
Unless a specific Incoterm has been agreed in writing by the Parties, the applicable incoterm is: Delivered at Place (DAP) Incoterms® 2020. As from the docking of the

Products, the buyer is responsible for the Products and ensures that they are kept in perfect state. The buyer takes out an insurance policy and provides any guarantee required to compensate BIC Graphic Europe in case of loss or destruction of the Products or in case of damage of whatsoever kind caused to the Products or by the Products.
 

Delivery

 

BIC Graphic Europe will select best available carrier for ground shipments, unless otherwise requested. The seller cannot accept responsibility for time delays in transit and late delivery shall not give rise in any case to penalties or to other types of compensation. Such responsibility ceases when merchandise is delivered to the carrier.
Merchandise damaged in transit is the responsibility of the carrier. If you require a specific shipping date, it must be noted on your order. Please supply complete street address with full postcode, phone number and name. Our standard shipping packaging has the BIC Graphic Europe logo printed on the box and/or on the packing tape. You might receive Partner Brands products in neutral shipping packaging or with the said partner brand logo. If you detect any abnormalities with the received box, please specify it in the transport delivery note.
 

Intellectual Property

 

The trademarks affixed on the ¨Products or their packaging (“the Trademarks”) are BIC’s property and the buyer is only granted a limited, non-exclusive and temporary right to use such Trademarks for the sole purpose of marketing, promoting and commercializing the Products to their clients. Any visual created by the buyer for the marketing, promotion and distribution of Products shall be submitted to BIC Graphic Europe for the latter’s prior written approval.

The buyer undertakes:

• to never use the Trademarks in a way that may cause confusion in the consumers’ mind, as to the ownership of the trademarks, and to clearly indicate at all times when appropriate that the trademarks are BIC’s property;

• not to use, claim, apply for or obtain the registration, either in its own name, in BIC’s name or in any third party’s name, of any word, logo, product shape or any element identical or similar to any of the trademarks or to any of BIC’s other intellectual property right or title, (including but not limited to patents, industrial designs, copyrights, domain names etc…), and not to reference nor commercialize any product which may infringe the trademarks or other intellectual property rights of BIC;

• not to create any Internet site nor social media account/page under the name BIC or any of the Trademarks, and not to provide on such Internet site or on social media account/page, information related to BIC Graphic Europe or to the Products, without BIC’s prior written consent, in which case such information shall be directly linked to the site created by BIC Graphic Europe by means of a hypertext link;

• not to use, without BIC Graphic Europe’s prior written consent, the name of BIC or any of the Trademarks for advertising or publicizing purposes, through any media whatsoever;

• to respect the physical integrity of the Products, and in particular not to remove or conceal any Trademarks that may be affixed on the Products or packaging, modify the general physical appearance of the Products or bundle the Product with another product that is likely to affect BIC's image or reputation, or without the prior consent of BIC;

The buyer shall inform BIC Graphic Europe of any counterfeit, copy, imitation, unfair competition or other infringement or attempted infringement of the Trademarks or the Products, which it may be aware of.

BIC Graphic Europe reserves the right but shall not be obliged to take whatever legal action it deems advisable in order to protect the trademarks against any infringement which may come to the Parties’ attention. BIC Graphic Europe agrees to consult the buyer prior to any decision to take any such legal action.

The buyer shall not initiate any civil, criminal or administrative action for infringement of the trademarks or any other intellectual property rights of BIC unless expressly empowered by BIC Graphic Europe to this effect.
The buyer undertakes to inform BIC Graphic Europe of any judicial action they may wish to initiate for unfair competition or passing-off related to the trademarks and/or the Products.

The buyer shall provide to BIC Graphic Europe all information and assistance which may be required by BIC Graphic Europe for the purpose of enabling BIC Graphic Europe, at its own expense, to enforce its trademarks and other intellectual property rights ; this includes but is not limited to (a) providing evidence and testimony whenever required and to the extent necessary in suits or actions taken by BIC Graphic Europe in connection therewith whether or not the buyer be named as a party, or in the procurement of any defense or protection for the trademark, and (b) providing information to BIC Graphic Europe regarding the origin of the infringing products, i.e. source of supply and name of supplier.
BIC Graphic Europe shall bear the costs of legal actions taken by BIC Graphic Europe against infringements of the trademarks and shall be granted the damages or of any other sum recovered.
 

Warranty and exclusions

 

Sold products are warranted for their original intended use. This warranty obliges the seller to replace defective products as well as pay for the cost of transport, according to active postal tariffs, that this replacement may imply. Any defect or deterioration resulting from the use in which the product was not originally intended, action of an external agent, or modification of the product unforeseen by the marker will not be covered by this warranty. The buyer declares, acknowledges and guarantees that he will not submit the products supplied by the seller to any personalised printing with a “reprehensible” message/design. In the event that the buyer would request the personalization of any product with a “reprehensive” message or design, BIC Graphic Europe, reserves the right to reject the order in accordance with the terms set out in this Terms & Conditions,
The buyer also declares, acknowledges and guarantees that the messages presented for personalisation do not contain any third party personal or intellectual property rights. As

such, the buyer will keep the seller harmless of all and any action, complaint or any other legal action taken by any person that may occur or be placed somehow against the seller due to damage or harm related to the personalised imprint requested by the buyer. This guarantee will apply to all damages, costs, expenses and fees that may be demanded in any way from the seller.
The buyer undertakes to take out the insurance policies necessary to cover its civil, operating and professional liability. The buyer agrees to communicate its relevant insurance certificates to BIC Graphic Europe at the latter’s first request.
 

Conformity with the REACH regulation Nº 1907/2006/EC

 

BIC® products are conform to the REACH regulation n°1907/2006/EC. According to article 33 of this regulation, we inform you that:
• the points of ball, gel, roller and correction pens, and some parts of Criterium® mechanical pencils like nosecone, eraser holder and chuck, contain lead (CAS 7439-92-1) in a concentration above 0.1% (mass/mass);
• electronic pocket lighters and utility lighters contain PZT (Lead Titano-Zirconate, CAS N°12626-81-2) at a concentration greater than 0.1% (mass/mass). As this substance is agglomerated by sintering in a ceramic which is itself completely inserted inside the piezo mechanism, itself integrated inside the body of the lighter, it is not accessible to the consumer. These lighters can therefore be used safely by the consumer. To BIC's knowledge, all electronic models sold on the market have these same characteristics.
 

Imprinting / printing standards

 

For information related to imprinting and printing standards, please refer to the catalogue product page, our website or your customer service contact.
 

Catalogue and website illustrations

 

Logos and other imprints shown in the catalogue or website are for illustration only. Product colours shown through the catalogue or website may vary slightly from real products due to inherent limitations in photography, film separations, offset printing and plastic moulding process. Please ensure you agree with the colour of the real product before confirming your order. Should you have any queries please contact BIC Graphic Europe for a real product to be invoiced to the buyer. Images and samples of orders made for customers can be used by BIC Graphic Europe for its own advertising (except if expressly denied when placing the order).
 

Terms of payment

 

Prices in € (£ in the UK market). Value added tax must be added to this prices, if applicable, as well as delivery costs.
Standard Payment conditions: Advance payment is the default method.
BGE reserves the right to modify the standard payment conditions if necessary. Therefore, all orders require BGE validation prior to acceptance.

The right to year-end bonus, rebates or any other advantages will only arise if all the invoices for the considered period have been effectively paid on the fixed terms.
In case of late payment, the interest rate equal +8% above the ECB reference rates will be due, plus a fixed sum of forty (40) euros for recovery costs.
Title and ownership of the Products will, whatever the payment term applicable, remain vested in BIC Graphic Europe until the receipt of the payment of the full price from the buyer.
 

Complaints

 

Please contact your customer service for complaint process related to the purchased product. Unless otherwise advised, please return urgently 2% (minimum 10 units) of the total quantity received if you discover an issue with imprint or product quality. These samples cannot be accepted for invoices over 3 months old. We reserve the right to request the total ordered quantity if necessary.
 

Geographic delivery area

 

Unless otherwise indicated, all products are available for European. Middle Eastern & African countries.
 

Confidentiality

 

Each Party receiving Confidential Information from the other Party undertakes to hold said Confidential Information in strict confidence, and to not publish or disclose it to third parties, not to use the Confidential Information for any purpose other than the resale of the Products. The above obligations shall not apply to Confidential Information of either Party which (a) is at the date of execution of this Agreement, or at any time thereafter becomes publicly known other than by the receiving Party’s or a third party’s breach of this Agreement or (b) is lawfully obtained from a third party authorized to transfer or disclose such information or (c) is disclosed pursuant to the order or requirement of a court, or administrative body having authority provided, however, that the receiving Party shall provide prompt notice thereof to the other Party which shall be enabled to protect its Confidential Information. The confidentiality of information shall last for two (2) years following the last order received by the buyer.
“Confidential Information” means without limitation the content of this Agreement, any information that is technical, commercial, strategic, financial, economic, related to research, technical specifications, Product, part and content of the Product, development and marketing plans and/or proposals, training methods and materials, inventions, processes, studies, records, reports, memoranda, drafts, trade secrets, know-how, ideas, concepts, strategies, and any and all other information which is confidential by its nature, no matter on which medium and in which form (verbal, visual or written) it is communicated to the other Party during the negotiations or the performance of this Agreement.
 

Personal Data policy

 

In accordance with European legislation on Personal Data Protection, especially Spanish Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, BIC GRAPHIC EUROPE, S.A, shall be responsible for safekeeping all data

collected by means of this commercial relationship, including them in an automated file called “Clientes”. BIC GRAPHIC EUROPE, S.A. hereby states that this file and its intended treatment are registered at the Spanish Data Protection Agency. BIC GRAPHIC EUROPE, S.A. certifies to have the personnel and technical equipment required to correctly process personal professional data and guarantee its safety. Anyone who provides his/her personal professional data as a result of this commercial relationship with BIC GRAPHIC EUROPE, S.A. shall be entitled at any time to exercise his/her rights to access, rectification, cancellation, opposition, portability, forgetting and limitation of treatment by sending an email with proof of receipt to
privacy@bicworld.com or a registered letter to BIC GRAPHIC EUROPE, S.A, Pol. Ind Entre Vies, 43006 Tarragona – Spain.
 

Miscellaneous

 

No Party shall be liable to the other for non-performance of its obligations under these Terms & Conditions in case of force majeure, subject to immediate notification to the other Party of the force majeure circumstances. Performance of the obligations shall be suspended in the areas(s) of the territory concerned, for the time period during which the circumstances remain. The other Party shall have the right to terminate the relevant order if the force majeure circumstances continue more than three (3) months following receipt of the notice.
Should any provision of these Terms & Conditions be null, void, invalid or unenforceable under the applicable law or under any other law which might govern the buyer’s activities, such provisions shall be deemed to be severed from this the other provisions of these Terms & Conditions which shall continue in full force and effect.
No delay or forbearance on the part of either Party in the enforcement of any right under these Terms & Conditions shall be deemed a continuing waiver or otherwise stop or preclude the later enforcement of the same or any other right under these Terms & Conditions in accordance with its terms.
No regulation concerning sale representatives, franchises or labor are applicable to the commercial relationship between the buyer and BIC Graphic Europe. The buyer buys and commercializes the Products in its own name and behalf. Unless expressly agreed in writing by BIC Graphic Europe, the buyer is not empowered to represent BIC Graphic Europe or to commit in the name of the latter with third-parties.
These Terms & Conditions are valid for the year 2025. In the absence of new Terms & Conditions presented by BIC Graphic Europe, these terms will continue to govern beyond 2025, until BIC Graphic Europe communicates new Terms & Conditions.
 

Governing Law and Jurisdiction

 

All orders placed with BIC Graphic Europe S.A. will be governed by Spanish Law. If there would be any unresolved discrepancy between the Parties, it will be submitted to the Courts and Tribunals of Tarragona, Spain.